Senate Bill 1368c2

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    Florida Senate - 2000                    CS for CS for SB 1368

    By the Committees on Fiscal Policy, Transportation and Senator
    Webster




    309-1909-00

  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 s.

  8         206.8745, F.S.; providing for a refund of tax

  9         paid on undyed diesel fuel consumed by the

10         engine of a qualified motor coach during idle

11         time for certain purposes; defining "motor

12         coach"; providing restrictions on refunds;

13         providing for proper documentation; granting

14         the Department of Revenue authority to adopt

15         rules; amending s. 311.07, F.S.; expanding the

16         use of certain seaport funds; amending ss.

17         316.302, 316.516, 316.545, F.S.; updating

18         cross-references to the current federal safety

19         regulations; deleting references to weight and

20         safety officers; amending s. 316.515, F.S.;

21         deleting a reference to an automobile

22         transporter height limit; repealing s.

23         316.610(3), F.S., relating to commercial motor

24         vehicle inspections; amending s. 330.30, F.S.;

25         removing the requirement for joint submission

26         of applications for airport site approval and

27         for an airport license; amending s. 332.004,

28         F.S.; expanding the definition of the term

29         "airport or aviation development project" to

30         include off-site airport noise mitigation

31         projects; amending s. 334.044, F.S.;

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  1         authorizing the department to purchase

  2         promotional items for use in certain public

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

  4         providing a maximum-lane policy; amending ss.

  5         335.141, 341.302, F.S.; repealing the

  6         department's authority to regulate train

  7         operating speeds; amending ss. 336.41, 336.44,

  8         255.20, 337.14, F.S.; providing that any

  9         contractor prequalified by the State of Florida

10         is presumed qualified to bid on projects in

11         excess of $250,000 for county and expressway

12         authority projects; amending s. 336.025, F.S.;

13         expanding the authorized uses of the local

14         option fuel tax; amending s. 337.025, F.S.;

15         authorizing highway maintenance projects to be

16         included in the innovative highway program;

17         amending s. 337.11, F.S.; authorizing the

18         department to combine the right-of-way phase of

19         certain projects into a single contract;

20         amending s. 337.14, F.S.; extending the period

21         of validity of contractor prequalification;

22         amending s. 337.175, F.S.; providing for

23         retainage flexibility; amending s. 338.161,

24         F.S.; authorizing the department to promote the

25         use of toll facilities; amending s. 338.165,

26         F.S.; providing an exemption for high-occupancy

27         toll lanes; amending s. 339.12, F.S.;

28         increasing the current cap on the local

29         government advance reimbursement program;

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

31         requirement for identification of advanced

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  1         right-of-way acquisition projects in the

  2         tentative work program; amending s. 339.155,

  3         F.S.; clarifying the public participation

  4         process in transportation planning; conforming

  5         provisions to federal requirements; amending s.

  6         339.175, F.S.; providing duties of the

  7         Metropolitan Planning Technical Advisory

  8         Committee; providing for a coordinating

  9         committee in certain metropolitan planning

10         organizations; amending s. 341.051, F.S.;

11         deleting an obsolete provision for public

12         transit capital projects; amending s. 343.56,

13         F.S.; authorizing the use of certain federal

14         funds to pay principal and interest on bonds;

15         amending s. 373.4137, F.S.; providing a

16         technical correction; providing an effective

17         date.

18

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

20

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

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

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

24         20.23  Department of Transportation.--There is created

25  a Department of Transportation which shall be a decentralized

26  agency.

27         (2)

28         (b)  The commission shall have the primary functions

29  to:

30

31

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  1         1.  Recommend major transportation policies for the

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

  3  revisions thereto are properly executed.

  4         2.  Periodically review the status of the state

  5  transportation system including highway, transit, rail,

  6  seaport, intermodal development, and aviation components of

  7  the system and recommend improvements therein to the Governor

  8  and the Legislature.

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

10  department budget request, the Florida Transportation Plan,

11  and the tentative work program for compliance with all

12  applicable laws and established departmental policies. Except

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

14  the commission may not consider individual construction

15  projects, but shall consider methods of accomplishing the

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

17  businesslike manner.

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

19  regular basis to assure that the department is managing

20  revenue and bond proceeds responsibly and in accordance with

21  law and established policy.

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

23  efficiency, productivity, and management of the department,

24  using performance and production standards developed by the

25  commission pursuant to s. 334.045.

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

27  causing disruption of project schedules in the adopted work

28  program and recommend to the Legislature and the Governor

29  methods to eliminate or reduce the disruptive effects of these

30  factors.

31

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  1         7.  Recommend to the Governor and the Legislature

  2  improvements to the department's organization in order to

  3  streamline and optimize the efficiency of the department. The

  4  initial report by the commission must be delivered to the

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

  6  thereafter, as appropriate. The commission may retain such

  7  experts as are reasonably necessary to effectuate this

  8  subparagraph, and the department shall pay the expenses of

  9  such experts.

10         (3)

11         (c)  The secretary shall appoint an Assistant Secretary

12  for Transportation Policy, an Assistant Secretary for Finance

13  and Administration, and an Assistant Secretary for District

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

15  secretary.  The positions are responsible for developing,

16  monitoring, and enforcing policy and managing major technical

17  programs.  The responsibilities and duties of these positions

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

19  areas:

20         1.  Assistant Secretary for Transportation Policy.--

21         a.  Development of the Florida Transportation Plan and

22  other policy planning;

23         b.  Development of statewide modal systems plans,

24  including public transportation systems;

25         c.  Design of transportation facilities;

26         d.  Construction of transportation facilities; and

27         e.  Acquisition and management of transportation

28  rights-of-way; and.

29         f.  Administration of motor carrier compliance and

30  safety.

31         2.  Assistant Secretary for District Operations.--

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  1         a.  Administration of the nine eight districts; and

  2         b.  Implementation of the decentralization of the

  3  department.; and

  4         c.  Administration of motor carrier compliance and

  5  safety.

  6         3.  Assistant Secretary for Finance and

  7  Administration.--

  8         a.  Financial planning and management;

  9         b.  Information systems;

10         c.  Accounting systems;

11         d.  Administrative functions; and

12         e.  Administration of toll operations.

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

14  established within the central office for the purposes of:

15         a.  Developing policy and procedures and monitoring

16  performance to ensure compliance with these policies and

17  procedures;

18         b.  Performing statewide activities which it is more

19  cost-effective to perform in a central location;

20         c.  Assessing and ensuring the accuracy of information

21  within the department's financial management information

22  systems; and

23         d.  Performing other activities of a statewide nature.

24         2.  The following offices are established and shall be

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

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

27  classified at a level equal to a division director:

28         a.  The Office of Administration;

29         b.  The Office of Policy Planning;

30         c.  The Office of Design;

31         d.  The Office of Highway Operations;

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

  2         f.  The Office of Toll Operations; and

  3         g.  The Office of Information Systems; and.

  4         h.  The Office of Motor Carrier Compliance.

  5         3.  Other offices may be established in accordance with

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

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

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

  9  legislative authority.

10         4.  During the construction of a major transportation

11  improvement project or as determined by the district

12  secretary, the department may provide assistance to a business

13  entity significantly impacted by the project if the entity is

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

15  prior to the beginning of construction and has direct or

16  shared access to the transportation project being constructed.

17  The assistance program shall be in the form of additional

18  guarantees to assist the impacted business entity in receiving

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

20  instance shall the combined guarantees be greater than 90

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

22  implement this subparagraph.

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

24  organized into nine eight districts, including a turnpike

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

26  secretaries shall report to the Assistant Secretary for

27  District Operations. The headquarters of the districts shall

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

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

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

31  In order to provide for efficient operations and to expedite

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  1  the decisionmaking process, the department shall provide for

  2  maximum decentralization to the districts. However, before

  3  making a decision to centralize or decentralize department

  4  operations or relocate the turnpike district, the department

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

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

  7  periodically evaluate such decisions to ensure that they are

  8  appropriate.

  9         Section 2.  Subsection (8) is added to section

10  206.8745, Florida Statutes, to read:

11         206.8745  Credits and refund claims.--

12         (8)  Undyed, tax-paid diesel fuel purchased in this

13  state and consumed by the engine of a qualified motor coach

14  during idle time for the purpose of running climate control

15  systems and maintaining electrical systems for the motor coach

16  is subject to a refund. As used in this subsection, the term

17  "qualified motor coach" means a privately owned vehicle that

18  is designed to carry nine or more passengers, that has a gross

19  vehicle weight of at least 33,000 pounds, that is used

20  exclusively in the commercial application of transporting

21  passengers for compensation, and that has the capacity to

22  measure diesel fuel consumed in Florida during idling,

23  separate from diesel fuel consumed to propel the vehicle in

24  this state, by way of an on-board computer.

25         (a)  The purchaser may make one claim for refund per

26  calendar year.

27         (b)  The annual refund claim must be submitted before

28  April 1 of the year following the year in which the tax was

29  paid and after December 31, 2000.

30         (c)  The purchaser must submit original or copies of

31  original purchase invoices showing the taxes paid, or, in lieu

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  1  of original invoices, a purchaser may submit a schedule of

  2  purchases containing the information required by s.

  3  206.41(5)(b)1.

  4         (d)  The purchaser must remit, as an offset to the

  5  refund, sales tax due under chapter 212 based on the purchase

  6  price of the fuel, net of the state tax refunded.

  7

  8  The Department of Revenue may adopt rules to administer this

  9  subsection.

10         Section 3.  Paragraph (b) of subsection (3) of section

11  311.07, Florida Statutes, is amended to read:

12         311.07  Florida seaport transportation and economic

13  development funding.--

14         (3)

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

16  program are limited to the following port facilities or port

17  transportation projects:

18         1.  Transportation facilities within the jurisdiction

19  of the port.

20         2.  The dredging or deepening of channels, turning

21  basins, or harbors.

22         3.  The construction or rehabilitation of wharves,

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

24  terminals, automated people mover systems, or any facilities

25  necessary or useful in connection with any of the foregoing.

26         4.  The acquisition of container cranes or other

27  mechanized equipment used in the movement of cargo or

28  passengers in international commerce.

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

30  purposes.

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  1         6.  The acquisition, improvement, enlargement, or

  2  extension of existing port facilities.

  3         7.  Environmental protection projects which are

  4  necessary because of requirements imposed by a state agency as

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

  6  are necessary for environmental mitigation required as a

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

  8  which are necessary for the acquisition of spoil disposal

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

10  which result from the funding of eligible projects listed

11  herein.

12         8.  Transportation facilities as defined in s.

13  334.03(31) which are not otherwise part of the Department of

14  Transportation's adopted work program.

15         9.  Seaport intermodal access projects identified in

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

17  311.09(3).

18         10.  Construction or rehabilitation of port facilities

19  as defined in s. 315.02 in ports listed in s. 311.09(1) with

20  operating revenues of $5 million or less, provided that such

21  projects create economic development opportunities, capital

22  improvements, and positive financial returns to such ports.

23         Section 4.  Paragraph (b) of subsection (1) and

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

25  are amended to read:

26         316.302  Commercial motor vehicles; safety regulations;

27  transporters and shippers of hazardous materials;

28  enforcement.--

29         (1)

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

31  owners or drivers of commercial motor vehicles that are

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  1  engaged in intrastate commerce are subject to the rules and

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

  3  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

  5  regulations existed on March 1, 2000 1999.

  6         (5)  The Department of Transportation may adopt and

  7  revise rules to assure the safe operation of commercial motor

  8  vehicles. The Department of Transportation may enter into

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

10  Department of Transportation personnel may conduct motor

11  carrier and shipper terminal audits only for the purpose of

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

13  177, 178, 180, 382, 385, 391, 393,  396, and 397; 49 C.F.R. s.

14  395.1(e)(5); and s. 627.7415.

15         (8)  Any Department of Transportation law enforcement

16  officer agent of the Department of Transportation described in

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

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

19  department who is authorized to enforce the traffic laws of

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

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

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

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

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

25  department authorized to enforce the traffic laws of this

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

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

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

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

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

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

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  1  the driver resists the officer without violence or a violation

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

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

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

  5  proper repair or adjustment, and the continued operation would

  6  probably present an unduly hazardous operating condition, the

  7  officer may require the vehicle to be immediately repaired or

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

  9  present an unduly hazardous operating condition, the officer

10  may give written notice to require proper repair and

11  adjustment of the vehicle within 14 days.

12         Section 5.  Subsection (2) of section 316.515, Florida

13  Statutes, is amended to read:

14         316.515  Maximum width, height, length.--

15         (2)  HEIGHT LIMITATION.--No vehicle may exceed a height

16  of 13 feet 6 inches, inclusive of load carried thereon.

17  However, an automobile transporter may, with a permit from the

18  Department of Transportation, measure a height not to exceed

19  14 feet, inclusive of the load carried thereon.

20         Section 6.  Subsection (1) of section 316.516, Florida

21  Statutes, is amended to read:

22         316.516  Width, height, and length; inspection;

23  penalties.--

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

25  316.640, or any weight and safety officer of the Department of

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

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

28  combination of vehicles and the load thereon is not in

29  conformance with s. 316.515 is authorized to require the

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

31  of its width, height, or length.

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

  2  Florida Statutes, are amended to read:

  3         316.545  Weight and load unlawful; special fuel and

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

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

  6  the Department of Transportation having reason to believe that

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

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

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

10  require that such vehicle be driven to the nearest weigh

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

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

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

14  portable scales if such a facility is available within 5

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

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

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

18  775.082 or s. 775.083.  Anyone who knowingly and willfully

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

20  safety officer while refusing to submit to such weighing by

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

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

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

24  s. 775.084.

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

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

27  officer and who meets the qualifications established by law

28  for law enforcement officer officers shall have the same

29  arrest powers as are granted any law enforcement officer.

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

31  enforcement for the purpose of enforcing the provisions of

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

  2  and fuel tax compliance laws.

  3         Section 8.  Subsection (3) of section 316.610, Florida

  4  Statutes, is repealed.

  5         Section 9.  Paragraph (a) of subsection (1) and

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

  7  Statutes, are amended to read:

  8         330.30  Approval of airport sites and licensing of

  9  airports; fees.--

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

11  PERIOD, REVOCATION.--

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

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

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

15  to the construction or establishment of the proposed airport,

16  obtain approval of the airport site from the department.

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

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

19  department and must shall be accompanied by a site approval

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

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

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

23         2.  That the proposed airport, if constructed or

24  established, will conform to minimum standards of safety and

25  will comply with applicable county or municipal zoning

26  requirements;

27         3.  That all nearby airports, municipalities, and

28  property owners have been notified and any comments submitted

29  by them have been given adequate consideration; and

30

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

  2  for the proposed airport and for all existing airports and

  3  approved airport sites in its vicinity.

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

  5  REVOCATION.--

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

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

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

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

10  the department and shall be accomplished jointly with an

11  application for site approval.  Upon completing granting site

12  approval, making a favorable final airport inspection report

13  indicating compliance with all license requirements, and

14  receiving the appropriate license fee, the department shall

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

16  conditions that the department may deem necessary to protect

17  the public health, safety, or welfare.

18         Section 10.  Section 332.004, Florida Statutes, is

19  amended to read:

20         332.004  Definitions of terms used in ss.

21  332.003-332.007.--As used in ss. 332.003-332.007, the term:

22         (1)  "Airport" means any area of land or water, or any

23  manmade object or facility located therein, which is used, or

24  intended for public use, for the landing and takeoff of

25  aircraft, and any appurtenant areas which are used, or

26  intended for public use, for airport buildings or other

27  airport facilities or rights-of-way.

28         (2)  "Airport hazard" means any structure or object of

29  natural growth located on or in the vicinity of a public-use

30  airport, or any use of land near such airport, which obstructs

31  or causes an obstruction to the airspace required for the

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  1  flight of aircraft in landing or taking off at such airport or

  2  is otherwise hazardous to landing or taking off at such

  3  airport.

  4         (3)  "Airport master planning" means the development,

  5  for planning purposes, of information and guidance to

  6  determine the extent, type, and nature of development needed

  7  at a specific airport.

  8         (4)  "Airport or aviation development project" or

  9  "development project" means any activity associated with the

10  design, construction, purchase, improvement, or repair of a

11  public-use airport or portion thereof, including, but not

12  limited to: the purchase of equipment; the acquisition of

13  land, including land required as a condition of a federal,

14  state, or local permit or agreement for environmental

15  mitigation; off-site airport noise mitigation projects; the

16  removal, lowering, relocation, marking, and lighting of

17  airport hazards; the installation of navigation aids used by

18  aircraft in landing at or taking off from a public airport;

19  the installation of safety equipment required by rule or

20  regulation for certification of the airport under s. 612 of

21  the Federal Aviation Act of 1958, and amendments thereto; and

22  the improvement of access to the airport by road or rail

23  system which is on airport property and which is consistent,

24  to the maximum extent feasible, with the approved local

25  government comprehensive plan of the units of local government

26  in which the airport is located.

27         (5)  "Airport or aviation discretionary capacity

28  improvement projects" or "discretionary capacity improvement

29  projects" means capacity improvements which are consistent, to

30  the maximum extent feasible, with the approved local

31  government comprehensive plans of the units of local

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  1  government in which the airport is located, and which enhance

  2  intercontinental capacity at airports which:

  3         (a)  Are international airports with United States

  4  Customs Service;

  5         (b)  Had one or more regularly scheduled

  6  intercontinental flights during the previous calendar year or

  7  have an agreement in writing for installation of one or more

  8  regularly scheduled intercontinental flights upon the

  9  commitment of funds for stipulated airport capital

10  improvements; and

11         (c)  Have available or planned public ground

12  transportation between the airport and other major

13  transportation facilities.

14         (6)  "Aviation system planning" means the development

15  of comprehensive aviation plans designed to achieve and

16  facilitate the establishment of a statewide, integrated

17  aviation system in order to meet the current and future

18  aviation needs of this state.

19         (7)  "Eligible agency" means a political subdivision of

20  the state or an authority which owns or seeks to develop a

21  public-use airport.

22         (8)  "Federal aid" means funds made available from the

23  Federal Government for the accomplishment of airport or

24  aviation development projects.

25         (9)  "Florida airport system" means all existing

26  public-use airports that are owned and operated within the

27  state and those public-use airports which will be developed

28  and made operational in the future.

29         (10)  "Landing area" means that area used or intended

30  to be used for the landing, takeoff, or surface maneuvering of

31  an aircraft.

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  1         (11)  "Planning agency" means any agency authorized by

  2  the laws of the state or by a political subdivision to engage

  3  in area planning for the areas in which assistance under this

  4  act is contemplated.

  5         (12)  "Project" means a project for the accomplishment

  6  of airport or aviation development or airport master planning.

  7         (13)  "Project cost" means any cost involved in

  8  accomplishing a project.

  9         (14)  "Public-use airport" means any publicly owned

10  airport which is used or to be used for public purposes.

11         (15)  "Sponsor" means any eligible agency which, either

12  individually or jointly with one or more eligible agencies,

13  submits to the department an application for financial

14  assistance for an airport development project in accordance

15  with this act.

16         Section 11.  Section 334.044, Florida Statutes, is

17  amended to read:

18         334.044  Department; powers and duties.--The department

19  shall have the following general powers and duties:

20         (1)  To assume the responsibility for coordinating the

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

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

23  compatibility of all components, including multimodal

24  facilities.

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

26  120.54 to implement the provisions of law conferring duties

27  upon it.

28         (3)  To adopt an official seal.

29         (4)  To maintain its headquarters in Tallahassee and

30  its district offices and necessary field offices at such

31

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

  2  build, or lease suitable buildings for such uses.

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

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

  5  part of public information and education campaigns for the

  6  promotion of traffic and train safety awareness, alternatives

  7  to single occupant vehicle travel, and commercial motor

  8  vehicle safety; to purchase, lease or otherwise acquire

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

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

11  department.

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

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

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

15  determine are necessary to the performance of its duties and

16  the execution of its powers.

17         (7)  To enter into contracts and agreements.

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

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

20  qualified consultants.  For the purposes of chapters 471 and

21  472, the department shall be considered a firm.

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

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

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

25  336.045.

26         (b)  The department shall periodically review its

27  construction, design, and maintenance standards to ensure that

28  such standards are cost-effective and consistent with

29  applicable federal regulations and state law.

30

31

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

  2  to functionally classify such roads, and to assign

  3  jurisdictional responsibility.

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

  5  public transportation facilities within the state and the

  6  provision of related transportation services as authorized by

  7  law.

  8         (13)  To designate existing and to plan proposed

  9  transportation facilities as part of the State Highway System,

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

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

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

13  turnpike, and other transportation facilities under the

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

15  efficient, and effective maintenance and operation of such

16  facilities.

17         (15)  To regulate and prescribe conditions for the

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

19  of manmade changes to adjacent properties.

20         (a)  Such regulation shall be through a permitting

21  process designed to ensure the safety and integrity of the

22  Department of Transportation facilities and to prevent an

23  unreasonable burden on lower properties.

24         (b)  The department is specifically authorized to adopt

25  rules which set forth the purpose; necessary definitions;

26  permit exceptions; permit and assurance requirements; permit

27  application procedures; permit forms; general conditions for a

28  drainage permit; provisions for suspension or revocation of a

29  permit; and provisions for department recovery of fines,

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

31  order to avoid duplication and overlap with other units of

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  1  government, the department shall accept a surface water

  2  management permit issued by a water management district, the

  3  Department of Environmental Protection, a surface water

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

  5  permit issued pursuant to an approved Stormwater Management

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

  7  requirements equal to or more stringent than those of the

  8  department.

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

10  operate toll facilities; to authorize the issuance and

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

12  charges for travel on any such facilities.

13         (17)  To designate limited access facilities on the

14  State Highway System and turnpike projects; to plan,

15  construct, maintain, and operate service roads in connection

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

17  any existing public road as a service road.

18         (18)  To establish and maintain bicycle and pedestrian

19  ways.

20         (19)  To encourage and promote the development of

21  multimodal transportation alternatives.

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

23  necessary for the improvement of the state transportation

24  system.

25         (21)  To conduct research and demonstration projects

26  relative to innovative transportation technologies.

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

28  the development of a statewide transportation system and in

29  the development of the individual components of the system.

30         (23)  To cooperate with the transportation department

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

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  1  development and construction of transportation facilities

  2  physically connecting facilities of this state with those

  3  facilities of any adjoining state.

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

  5  funds available to the department for all transportation

  6  purposes.

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

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

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

10  and private agencies, interested organizations, and

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

12  and all amendments thereto.  The Governor shall have the

13  ultimate state responsibility for dealing with the Federal

14  Government in respect to programs and activities initiated

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

16  amendments thereto.

17         (26)  To provide for the conservation of natural

18  roadside growth and scenery and for the implementation and

19  maintenance of roadside beautification programs. To accomplish

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

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

22  than 1.5 percent of the amount contracted for construction

23  projects shall be allocated by the department to

24  beautification programs. Except where prohibited by federal

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

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

27  large plant materials with the remaining funds for other plant

28  materials and these materials shall be purchased from

29  Florida-based nurseryman stock on a uniform competitive bid

30  basis. The department will develop grades and standards for

31  landscaping materials purchased through this process. To

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  1  accomplish these activities, the department may contract with

  2  nonprofit organizations having the primary purpose of

  3  developing youth employment opportunities.

  4         (27)  To conduct studies and provide coordination to

  5  assess the needs associated with landside ingress and egress

  6  to port facilities, and to coordinate with local governmental

  7  entities to ensure that port facility access routes are

  8  properly integrated with other transportation facilities.

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

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

11  certification issued by the department or in any contract

12  documents submitted to the department.

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

14  adopted work program to governmental entities prior to

15  commencement of the project or project phase when the advance

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

17  made pursuant to a written agreement between the department

18  and a governmental entity.

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

20  the powers and duties expressly granted in this code.

21         Section 12.  Subsection (3) of section 335.02, Florida

22  Statutes, is amended to read:

23         335.02  Authority to designate transportation

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

25  for redesignation and relocation.--

26         (3)  The department may establish standards for lanes

27  on the State Highway System, including the Florida Intrastate

28  Highway System established pursuant to s. 338.001.  In

29  determining the number of lanes for any regional corridor or

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

31  the department with state or federal funds, the department

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  1  shall evaluate all alternatives and seek to achieve the

  2  highest degree of efficient mobility for corridor users. In

  3  conducting the analysis, the department must give

  4  consideration to the following factors consistent with sound

  5  engineering principles:

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

  7  trade or tourism corridor;

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

  9  of the corridor for evacuation purposes;

10         (c)  Cost-effectiveness of alternative methods of

11  increasing the mobility of corridor users;

12         (d)  Current and projected traffic volumes on the

13  corridor;

14         (e)  Multimodal alternatives;

15         (f)  Use of intelligent transportation technology in

16  increasing the efficiency of the corridor;

17         (g)  Compliance with state and federal policies related

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

19  communities, and energy conservation;

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

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

22  interregional traffic lanes;

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

24  associated costs, and the most effective use of existing

25  rights-of-way;

26         (j)  Regional economic and transportation objectives,

27  where articulated;

28         (k)  The future land use plan element of local

29  government comprehensive plans, as appropriate, including

30  designated urban infill and redevelopment areas;

31

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  1         (l)  The traffic circulation element, if applicable, of

  2  local government comprehensive plans, including designated

  3  transportation corridors and public transportation corridors;

  4  and

  5         (m)  The approved metropolitan planning organization's

  6  long-range transportation plan, as appropriate.

  7

  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 13.  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 14.  Subsection (4) is added to section 336.41,

13  Florida Statutes, to read:

14         336.41  Counties; employing labor and providing road

15  equipment; definitions.--

16         (4)(a)  For contracts in excess of $250,000, any

17  governmental entity or authority may require that persons

18  interested in performing work under the contract first be

19  certified or qualified to do the work.  Any contractor

20  prequalified and eligible to bid by the Department of

21  Transportation to perform the type of work described under the

22  contract shall be presumed to be qualified to perform the work

23  so described.  The governmental entity or authority may

24  provide an appeal process to overcome that presumption with de

25  novo review based on the record below to the circuit court.

26         (b)  The governmental entity or authority shall publish

27  prequalification criteria and procedures prior to

28  advertisement or notice of solicitation.  Such publications

29  shall include notice of a public hearing for comment on such

30  criteria and procedures prior to adoption.  The procedures

31  shall provide for an appeal process within the governmental

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  1  entity or authority for objections to the prequalification

  2  process with de novo review based on the record below to the

  3  circuit court.

  4         (c)  The contracting entity shall also publish for

  5  comment, prior to adoption, the selection criteria and

  6  procedures to be used by the governmental entity or authority

  7  if such procedures would allow selection of other than the

  8  lowest responsible bidder.  The selection criteria shall

  9  include an appeal process within the contracting entity with

10  de novo review based on the record below to the circuit court.

11         Section 15.  Subsection (2) of section 336.44, Florida

12  Statutes, is amended to read:

13         336.44  Counties; contracts for construction of roads;

14  procedure; contractor's bond.--

15         (2)  Such contracts shall be let to the lowest

16  responsible competent bidder, after publication of notice for

17  bids containing specifications furnished by the commissioners

18  in a newspaper published in the county where such contract is

19  made, at least once each week for 2 consecutive weeks prior to

20  the making of such contract.

21         Section 16.  Paragraph (a) of subsection (1) of section

22  255.20, Florida Statutes, is amended to read:

23         255.20  Local bids and contracts for public

24  construction works; specification of state-produced lumber.--

25         (1)  A county, municipality, special district as

26  defined in chapter 189, or other political subdivision of the

27  state seeking to construct or improve a public building,

28  structure, or other public construction works must

29  competitively award to an appropriately licensed contractor

30  each project that is estimated in accordance with generally

31  accepted cost-accounting principles to have total construction

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  1  project costs of more than $200,000. For electrical work,

  2  local government must competitively award to an appropriately

  3  licensed contractor each project that is estimated in

  4  accordance with generally accepted cost-accounting principles

  5  to have a cost of more than $50,000.  As used in this section,

  6  the term "competitively award" means to award contracts based

  7  on the submission of sealed bids, proposals submitted in

  8  response to a request for proposal, proposals submitted in

  9  response to a request for qualifications, or proposals

10  submitted for competitive negotiation. This subsection

11  expressly allows contracts for construction management

12  services, design/build contracts, continuation contracts based

13  on unit prices, and any other contract arrangement with a

14  private sector contractor permitted by any applicable

15  municipal or county ordinance, by district resolution, or by

16  state law. For purposes of this section, construction costs

17  include the cost of all labor, except inmate labor, and

18  include the cost of equipment and materials to be used in the

19  construction of the project. Subject to the provisions of

20  subsection (3), the county, municipality, special district, or

21  other political subdivision may establish, by municipal or

22  county ordinance or special district resolution, procedures

23  for conducting the bidding process.

24         (a)  The provisions of this subsection do not apply:

25         1.  When the project is undertaken to replace,

26  reconstruct, or repair an existing facility damaged or

27  destroyed by a sudden unexpected turn of events, such as an

28  act of God, riot, fire, flood, accident, or other urgent

29  circumstances, and such damage or destruction creates:

30         a.  An immediate danger to the public health or safety;

31

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  1         b.  Other loss to public or private property which

  2  requires emergency government action; or

  3         c.  An interruption of an essential governmental

  4  service.

  5         2.  When, after notice by publication in accordance

  6  with the applicable ordinance or resolution, the governmental

  7  entity does not receive any responsive bids or responses.

  8         3.  To construction, remodeling, repair, or improvement

  9  to a public electric or gas utility system when such work on

10  the public utility system is performed by personnel of the

11  system.

12         4.  To construction, remodeling, repair, or improvement

13  by a utility commission whose major contracts are to construct

14  and operate a public electric utility system.

15         5.  When the project is undertaken as repair or

16  maintenance of an existing public facility.

17         6.  When the project is undertaken exclusively as part

18  of a public educational program.

19         7.  When the funding source of the project will be

20  diminished or lost because the time required to competitively

21  award the project after the funds become available exceeds the

22  time within which the funding source must be spent.

23         8.  When the local government has competitively awarded

24  a project to a private sector contractor and the contractor

25  has abandoned the project before completion or the local

26  government has terminated the contract.

27         9.  When the governing board of the local government,

28  after public notice, conducts a public meeting under s.

29  286.011 and finds by a majority vote of the governing board

30  that it is in the public's best interest to perform the

31  project using its own services, employees, and equipment. The

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  1  public notice must be published at least 14 days prior to the

  2  date of the public meeting at which the governing board takes

  3  final action to apply this subparagraph. The notice must

  4  identify the project, the estimated cost of the project, and

  5  specify that the purpose for the public meeting is to consider

  6  whether it is in the public's best interest to perform the

  7  project using the local government's own services, employees,

  8  and equipment. In deciding whether it is in the public's best

  9  interest for local government to perform a project using its

10  own services, employees, and equipment, the governing board

11  may consider the cost of the project, whether the project

12  requires an increase in the number of government employees, an

13  increase in capital expenditures for public facilities,

14  equipment or other capital assets, the impact on local

15  economic development, the impact on small and minority

16  business owners, the impact on state and local tax revenues,

17  whether the private sector contractors provide health

18  insurance and other benefits equivalent to those provided by

19  the local government, and any other factor relevant to what is

20  in the public's best interest.

21         10.  When the governing board of the local government

22  determines upon consideration of specific substantive criteria

23  and administrative procedures that it is in the best interest

24  of the local government to award the project to an

25  appropriately licensed private sector contractor according to

26  procedures established by and expressly set forth in a

27  charter, ordinance, or resolution of the local government

28  adopted prior to July 1, 1994.  The criteria and procedures

29  must be set out in the charter, ordinance, or resolution and

30  must be applied uniformly by the local government to avoid

31

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  1  award of any project in an arbitrary or capricious manner.

  2  This exception shall apply when all of the following occur:

  3         a.  When the governing board of the local government,

  4  after public notice, conducts a public meeting under s.

  5  286.011 and finds by a two-thirds vote of the governing board

  6  that it is in the public's best interest to award the project

  7  according to the criteria and procedures established by

  8  charter, ordinance, or resolution.  The public notice must be

  9  published at least 14 days prior to the date of the public

10  meeting at which the governing board takes final action to

11  apply this subparagraph.  The notice must identify the

12  project, the estimated cost of the project, and specify that

13  the purpose for the public meeting is to consider whether it

14  is in the public's best interest to award the project using

15  the criteria and procedures permitted by the preexisting

16  ordinance.

17         b.  In the event the project is to be awarded by any

18  method other than a competitive selection process, the

19  governing board must find evidence that:

20         (I)  There is one appropriately licensed contractor who

21  is uniquely qualified to undertake the project because that

22  contractor is currently under contract to perform work that is

23  affiliated with the project; or

24         (II)  The time to competitively award the project will

25  jeopardize the funding for the project, or will materially

26  increase the cost of the project or will create an undue

27  hardship on the public health, safety, or welfare.

28         c.  In the event the project is to be awarded by any

29  method other than a competitive selection process, the

30  published notice must clearly specify the ordinance or

31

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  1  resolution by which the private sector contractor will be

  2  selected and the criteria to be considered.

  3         d.  In the event the project is to be awarded by a

  4  method other than a competitive selection process, the

  5  architect or engineer of record has provided a written

  6  recommendation that the project be awarded to the private

  7  sector contractor without competitive selection; and the

  8  consideration by, and the justification of, the government

  9  body are documented, in writing, in the project file and are

10  presented to the governing board prior to the approval

11  required in this paragraph.

12         11.  To projects subject to chapter 336.

13         Section 17.  Subsection (9) is added to section 337.14,

14  Florida Statutes, to read:

15         337.14  Application for qualification; certificate of

16  qualification; restrictions; request for hearing.--

17         (9)(a)  Notwithstanding any other law to the contrary,

18  for contracts in excess of $250,000, an authority created

19  pursuant to chapter 348 or chapter 349 may require that

20  persons interested in performing work under the contract first

21  be certified or qualified to do the work.  Any contractor

22  prequalified and eligible to bid by the Department of

23  Transportation to perform the type of work described under the

24  contract shall be presumed to be qualified to perform the work

25  so described.  The governmental entity or authority may

26  provide an appeal process to overcome that presumption with de

27  novo review based on the record below to the circuit court.

28         (b)  The authority shall publish prequalification

29  criteria and procedures prior to advertisement or notice of

30  solicitation.  Such publications shall include notice of a

31  public hearing for comment on such criteria and procedures

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  1  prior to adoption.  The procedures shall provide for an appeal

  2  process within the authority for objections to the

  3  prequalification process with de novo review based on the

  4  record below to the circuit court.

  5         (c)  The contracting entity shall also publish for

  6  comment, prior to adoption, the selection criteria and

  7  procedures to be used by the governmental entity or authority

  8  if such procedures would allow selection of other than the

  9  lowest responsible bidder.  The selection criteria shall

10  include an appeal process within the contracting entity with

11  de novo review based on the record below to the circuit court.

12  The provisions of this subsection shall only apply to

13  contracts which are advertised for prequalification by an

14  authority on or after July 1, 2000.

15         Section 18.  Paragraph (b) of subsection (1) of section

16  336.025, Florida Statutes, is amended to read:

17         336.025  County transportation system; levy of local

18  option fuel tax on motor fuel and diesel fuel.--

19         (1)

20         (b)  In addition to other taxes allowed by law, there

21  may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent,

22  3-cent, 4-cent, or 5-cent local option fuel tax upon every

23  gallon of motor fuel sold in a county and taxed under the

24  provisions of part I of chapter 206.  The tax shall be levied

25  by an ordinance adopted by a majority plus one vote of the

26  membership of the governing body of the county or by

27  referendum.

28         1.  The tax shall be levied before July 1, to be

29  effective January 1 of the following year.  However, levies of

30  the tax which were in effect on July 1, 1996, and which expire

31

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  1  on August 31 of any year may be reimposed effective September

  2  1 of the year of expiration.

  3         2.  The county may, prior to levy of the tax, establish

  4  by interlocal agreement with one or more municipalities

  5  located therein, representing a majority of the population of

  6  the incorporated area within the county, a distribution

  7  formula for dividing the entire proceeds of the tax among

  8  county government and all eligible municipalities within the

  9  county. If no interlocal agreement is adopted before the

10  effective date of the tax, tax revenues shall be distributed

11  pursuant to the provisions of subsection (4).  If no

12  interlocal agreement exists, a new interlocal agreement may be

13  established prior to June 1 of any year pursuant to this

14  subparagraph. However, any interlocal agreement agreed to

15  under this subparagraph after the initial levy of the tax or

16  change in the tax rate authorized in this section shall under

17  no circumstances materially or adversely affect the rights of

18  holders of outstanding bonds which are backed by taxes

19  authorized by this paragraph, and the amounts distributed to

20  the county government and each municipality shall not be

21  reduced below the amount necessary for the payment of

22  principal and interest and reserves for principal and interest

23  as required under the covenants of any bond resolution

24  outstanding on the date of establishment of the new interlocal

25  agreement.

26         3.  County and municipal governments shall utilize

27  moneys received pursuant to this paragraph only for

28  transportation expenditures needed to meet the requirements of

29  the capital improvements element of an adopted comprehensive

30  plan. For purposes of this paragraph, expenditures for the

31  construction of new roads, or the reconstruction or

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  1  resurfacing of existing paved roads, or the paving of existing

  2  graded roads when undertaken in part to relieve or mitigate

  3  existing or potential adverse environmental impacts, shall be

  4  deemed to increase capacity and such projects shall be

  5  included in the capital improvements element of an adopted

  6  comprehensive plan. Expenditures for purposes of this

  7  paragraph shall not include routine maintenance of roads.

  8         Section 19.  Section 337.025, Florida Statutes, is

  9  amended to read:

10         337.025  Innovative highway projects; department to

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

12  a program for highway projects demonstrating innovative

13  techniques of highway construction, maintenance, and finance

14  which have the intended effect of controlling time and cost

15  increases on construction projects.  Such techniques may

16  include, but are not limited to, state-of-the-art technology

17  for pavement, safety, and other aspects of highway

18  construction and maintenance; innovative bidding and financing

19  techniques; accelerated construction procedures; and those

20  techniques that have the potential to reduce project life

21  cycle costs.  To the maximum extent practical, the department

22  must use the existing process to award and administer

23  construction and maintenance contracts.  When specific

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

25  required to adhere to those provisions of law that would

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

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

28  innovative technique that is inconsistent with another

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

30  need for the exception and identify what benefits the

31  traveling public and the affected community are anticipated to

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

  2  million in contracts annually for the purposes authorized by

  3  this section.

  4         Section 20.  Paragraph (a) of subsection (7) of section

  5  337.11, Florida Statutes, is amended to read:

  6         337.11  Contracting authority of department; bids;

  7  emergency repairs, supplemental agreements, and change orders;

  8  combined design and construction contracts; progress payments;

  9  records; requirements of vehicle registration.--

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

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

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

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

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

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

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

17  construction activities may not begin on any portion of such

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

19  easements for the construction of such portion of the project

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

21  railroad crossing or utility agreements applicable to such

22  portion of the project have been executed. Title to

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

24  dedicated to the public or acquired by prescription.

25         Section 21.  Subsection (4) of section 337.14, Florida

26  Statutes, is amended to read:

27         337.14  Application for qualification; certificate of

28  qualification; restrictions; request for hearing.--

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

30  prescribed qualifications, the department shall issue to him

31  or her a certificate of qualification that which, unless

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

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

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

  4  department prescribes may prescribe. If In the event the

  5  department finds that an application is incomplete or contains

  6  inadequate information or information that which cannot be

  7  verified, the department may request in writing that the

  8  applicant provide the necessary information to complete the

  9  application or provide the source from which any information

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

11  comply with the initial written request within a reasonable

12  period of time as specified therein, the department shall

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

14  to comply with the second request within a reasonable period

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

16         Section 22.  Section 337.175, Florida Statutes, is

17  amended to read:

18         337.175  Retainage.--The department may shall provide

19  in its construction contracts for retaining a portion of the

20  amount due a contractor for work that the contractor has

21  completed, until completion and final acceptance of the

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

23  contractors may shall be allowed to substitute securities as

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

25  deposit or irrevocable letters of credit approved by the

26  department comptroller in lieu of retainage.

27         Section 23.  Subsection (1) of section 338.161, Florida

28  Statutes, is amended to read:

29         338.161  Authority of department to advertise and

30  promote electronic toll collection.--

31

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

  2  paid advertising, marketing, and promotion of toll facilities

  3  and electronic toll collection products and services.

  4  Promotions may include discounts and free products.

  5         Section 24.  Subsection (6) of section 338.165, Florida

  6  Statutes, is amended to read:

  7         338.165  Continuation of tolls.--

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

  9  and not including high-occupancy toll lanes or express lanes,

10  no tolls may be charged for use of an interstate highway where

11  tolls were not charged as of July 1, 1997.

12         Section 25.  Paragraph (c) of subsection (4) of section

13  339.12, Florida Statutes, is amended to read:

14         339.12  Aid and contributions by governmental entities

15  for department projects; federal aid.--

16         (4)

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

18  agreements under this subsection for a project or project

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

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

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

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

23  a high priority of the governmental entity.  Reimbursement for

24  a project or project phase must be made from funds

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

26  other provisions of this subsection apply to agreements

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

28  amount of project agreements for projects or project phases

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

30  exceed $100 $50 million.

31

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  1         Section 26.  Paragraph (b) of subsection (4) of section

  2  339.135, Florida Statutes, is amended to read:

  3         339.135  Work program; legislative budget request;

  4  definitions; preparation, adoption, execution, and

  5  amendment.--

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

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

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

  9  prepared for the State Transportation Trust Fund and other

10  funds managed by the department, unless otherwise provided by

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

12  district work programs and shall set forth all projects by

13  phase to be undertaken during the ensuing fiscal year and

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

15  the liabilities accruing in each fiscal year of the tentative

16  work program may not exceed the revenues available for

17  expenditure during the respective fiscal year based on the

18  cash forecast for that respective fiscal year.

19         2.  The tentative work program shall be developed in

20  accordance with the Florida Transportation Plan required in s.

21  339.155 and must comply with the program funding levels

22  contained in the program and resource plan.

23         3.  The tentative work program must specifically

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

25  separately allocate funds for advanced right-of-way

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

27  337.276.  Each right-of-way phase that is to be funded through

28  these programs shall be specifically identified in the work

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

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

31  identified.

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  1         3.4.  The department may include in the tentative work

  2  program proposed changes to the programs contained in the

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

  4  however, the department shall minimize changes and adjustments

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

  6  fiscal years contained in the previous adopted work program

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

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

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

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

11  specifically determines that it is necessary, for specific

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

13  that year.  Such changes and adjustments shall be clearly

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

15  contained in the previous adopted work program and the

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

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

18  program stand as the commitment of the state to undertake

19  transportation projects that local governments may rely on for

20  planning purposes and in the development and amendment of the

21  capital improvements elements of their local government

22  comprehensive plans.

23         4.5.  The tentative work program must include a

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

25  5-year finance plan supporting the tentative work program.

26         Section 27.  Paragraph (c) of subsection (6) of section

27  339.155, Florida Statutes, is amended to read:

28         339.155  Transportation planning.--

29         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

30  TRANSPORTATION PLANNING.--

31         (c)  Opportunity for design hearings:

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

  2  shall duly notify notice all affected property owners of

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

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

  5  The affected property owners shall be:

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

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

  8  proposed facility.

  9         b.  Those whom who the department determines will be

10  substantially affected environmentally, economically,

11  socially, or safetywise.

12         2.  For each subsequent hearing, the department shall

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

14  hearing date in a newspaper of general circulation for the

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

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

17  days, before the hearing.

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

19  must shall be furnished to the United States Department of

20  Transportation and to the appropriate departments of the state

21  government at the time of publication.

22         Section 28.  Paragraph (e) of subsection (5) of section

23  339.175, Florida Statutes, is amended and paragraph (i) is

24  added to that subsection to read:

25         339.175  Metropolitan planning organization.--It is the

26  intent of the Legislature to encourage and promote the safe

27  and efficient management, operation, and development of

28  surface transportation systems that will serve the mobility

29  needs of people and freight within and through urbanized areas

30  of this state while minimizing transportation-related fuel

31  consumption and air pollution. To accomplish these objectives,

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  1  metropolitan planning organizations, referred to in this

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

  3  state and public transit operators, transportation plans and

  4  programs for metropolitan areas. The plans and programs for

  5  each metropolitan area must provide for the development and

  6  integrated management and operation of transportation systems

  7  and facilities, including pedestrian walkways and bicycle

  8  transportation facilities that will function as an intermodal

  9  transportation system for the metropolitan area.  The process

10  for developing such plans and programs shall provide for

11  consideration of all modes of transportation and shall be

12  continuing, cooperative, and comprehensive, to the degree

13  appropriate, based on the complexity of the transportation

14  problems to be addressed.

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

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

17  this section or incorporated in an interlocal agreement

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

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

20  subsequently applicable, which are necessary to qualify for

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

22  shall be involved in the planning and programming of

23  transportation facilities, including, but not limited to,

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

25  intermodal facilities, to the extent permitted by state or

26  federal law.

27         (e)  Each M.P.O. shall appoint a technical advisory

28  committee that includes planners; engineers; representatives

29  of local aviation authorities, port authorities, and public

30  transit authorities or representatives of aviation

31  departments, seaport departments, and public transit

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  1  departments of municipal or county governments, as applicable;

  2  the school superintendent of each county within the

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

  4  and other appropriate representatives of affected local

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

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

  7  committee is responsible for considering safe access to

  8  schools in its review of transportation project priorities,

  9  long-range transportation plans, and transportation

10  improvement programs, and shall advise the M.P.O. on such

11  matters. In addition, the technical advisory committee shall

12  coordinate its actions with local school boards and other

13  local programs and organizations within the metropolitan area

14  which participate in school safety activities, such as locally

15  established community traffic safety teams. Local school

16  boards must provide the appropriate M.P.O. with information

17  concerning future school sites and in the coordination of

18  transportation service. identifying projects contained in the

19  long-range transportation plan or transportation improvement

20  program which deserve to be classified as a school safety

21  concern. Upon receipt of the recommendation from the technical

22  advisory committee that a project should be so classified, the

23  M.P.O. must vote on whether to classify a particular project

24  as a school safety concern.  If the M.P.O. votes that a

25  project should be classified as a school safety concern, the

26  local governmental entity responsible for the project must

27  consider at least two alternatives before making a decision

28  about project location or alignment.

29         (i)  Any group of M.P.O.s which have created a

30  Chairmen's Coordinating Committee as of the effective date of

31  this act, and are located within the same Regional Planning

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  1  Council district which is comprised of 4 adjacent counties,

  2  must continue such committee as provided for in this section.

  3  Such M.P.O.s on the committee will be represented by two

  4  members, appointed by the M.P.O. chairman, to the committee.

  5  Such committee must also include one representative from all

  6  M.P.O.s contiguous to such Regional Planning Council district.

  7  The committee must at a minimum:

  8         1.  Coordinate local, state, and regional

  9  transportation systems.

10         2.  Review the impact of local land use decisions on

11  the region.

12         3.  Review all proposed projects in the respective

13  transportation improvement plans which effect more than one of

14  the M.P.O.s represented on the committee.

15

16  The committee shall have the authority to object, by a

17  majority vote, to any project within the geographic boundaries

18  of the committee and which is included in a M.P.O.'s

19  transportation improvement plan.  The committee may also

20  recommend projects, by a majority vote, to be included in a

21  M.P.O.'s transportation improvement plan.  If the committee

22  objects to a project, or if an M.P.O. refuses to include a

23  project recommended by the committee, the effected M.P.O.s

24  must initiate a formal conflict resolution process to reach

25  agreement on such projects. Until the conflict is resolved to

26  the satisfaction of the committee, the department must, to the

27  maximum extent feasible, withhold 10 percent of the state

28  funds from the disputed project of the effected M.P.O.s.

29         Section 29.  Subsection (5) of section 341.051, Florida

30  Statutes, is amended to read:

31

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  1         341.051  Administration and financing of public transit

  2  programs and projects.--

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

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

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

  6  of any eligible public transit capital project or commuter

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

  8  that departmental participation in the final design,

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

10  individual fixed-guideway project which is not approved for

11  federal funding shall not exceed an amount equal to 12.5

12  percent of the total cost of each phase.

13         (b)  The Department of Transportation shall develop a

14  major capital investment policy which shall include policy

15  criteria and guidelines for the expenditure or commitment of

16  state funds for public transit capital projects. The policy

17  shall include the following:

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

19  transit project with the approved local government

20  comprehensive plans of the units of local government in which

21  the project is located.

22         2.  Methods for evaluating the level of local

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

24  through system planning and the development of a feasible plan

25  to fund operating cost through fares, value capture techniques

26  such as joint development and special districts, or other

27  local funding mechanisms.

28         3.  Methods for evaluating alternative transit systems

29  including an analysis of technology and alternative methods

30  for providing transit services in the corridor.

31

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

  2  100 percent of the cost of any eligible transit capital

  3  project or commuter assistance project that is statewide in

  4  scope or involves more than one county where no other

  5  governmental entity or appropriate jurisdiction exists.

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

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

  8  will assist Florida's transit systems in becoming fiscally

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

10  the department on an appropriate schedule not to exceed 5

11  years after the date of provision of the advances.

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

13  100 percent of the capital and net operating costs of

14  statewide transit service development projects or transit

15  corridor projects.  All transit service development projects

16  must shall be specifically identified by way of a departmental

17  appropriation request, and transit corridor projects must

18  shall be identified as part of the planned improvements on

19  each transportation corridor designated by the department.

20  The project objectives, the assigned operational and financial

21  responsibilities, the timeframe required to develop the

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

23  project will be judged must shall be documented by the

24  department for each such transit service development project

25  or transit corridor project.

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

27  50 percent of the capital and net operating costs of transit

28  service development projects that are local in scope and that

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

30  such projects must shall be identified in the appropriation

31  request of the department through a specific program of

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

  2  selectively applied in the following functional areas and is

  3  subject to the specified times of duration:

  4         1.  Improving system operations, including, but not

  5  limited to, realigning route structures, increasing system

  6  average speed, decreasing deadhead mileage, expanding area

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

  8  to 3 years;

  9         2.  Improving system maintenance procedures, including,

10  but not limited to, effective preventive maintenance programs,

11  improved mechanics training programs, decreasing service

12  repair calls, decreasing parts inventory requirements, and

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

14         3.  Improving marketing and consumer information

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

16  services, organized advertising and promotion programs, and

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

18  and

19         4.  Improving technology involved in overall

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

21  fare collection techniques, electronic data processing

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

23

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

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

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

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

28  Florida Statutes, is 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         (10)  Administer rail operating and construction

  9  programs, which programs shall include the regulation of

10  maximum train operating speeds, the opening and closing of

11  public grade crossings, the construction and rehabilitation of

12  public grade crossings, and the installation of traffic

13  control devices at public grade crossings, the administering

14  of the programs by the department including participation in

15  the cost of the programs.

16         Section 31.  Section 343.56, Florida Statutes, is

17  amended to read:

18         343.56  Bonds not debts or pledges of credit of

19  state.--Revenue bonds issued under the provisions of this part

20  are not debts of the state or pledges of the faith and credit

21  of the state.  Such bonds are payable exclusively from

22  revenues pledged for their payment.  All such bonds shall

23  contain a statement on their face that the state is not

24  obligated to pay the same or the interest thereon, except from

25  the revenues pledged for their payment, and that the faith and

26  credit of the state is not pledged to the payment of the

27  principal or interest of such bonds. The issuance of revenue

28  bonds under the provisions of this part does not directly,

29  indirectly, or contingently obligate the state to levy or to

30  pledge any form of taxation whatsoever, or to make any

31  appropriation for their payment.  No state funds shall be used

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  1  to pay the principal or interest of any bonds issued to

  2  finance or refinance any portion of the Tri-County Rail

  3  system, and all such bonds shall contain a statement on their

  4  face to this effect. However, federal funds being passed

  5  through the department to the Tri-County Rail system may be

  6  used to pay principal and interest of any bonds issued.

  7         Section 32.  Subsection (2) of section 373.4137,

  8  Florida Statutes, is amended to read:

  9         373.4137  Mitigation requirements.--

10         (2)  Environmental impact inventories for

11  transportation projects proposed by the Department of

12  Transportation shall be developed as follows:

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

14  Transportation shall submit to the Department of Environmental

15  Protection and the water management districts a copy of its

16  tentative adopted work program and an inventory of habitats

17  addressed in the rules adopted tentatively, pursuant to this

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

19  which may be impacted by its plan of construction for

20  transportation projects in the next 3 years of the tentative

21  work program. The Department of Transportation may also

22  include in its inventory the habitat impacts of any future

23  transportation project identified in the tentative work

24  program.

25         (b)  The environmental impact inventory shall include a

26  description of these habitat impacts, including their

27  location, acreage, and type; state water quality

28  classification of impacted wetlands and other surface waters;

29  any other state or regional designations for these habitats;

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

31  species of special concern affected by the proposed project.

                                  49

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






    Florida Senate - 2000                    CS for CS for SB 1368
    309-1909-00




  1         Section 33.  This act shall take effect upon becoming a

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                          CS for SB 1368

  6

  7  Provides clarification regarding federal funds for the
    Tri-County Rail.
  8
    Provides that road contractors who are qualified to bid
  9  pursuant to the Florida Department of Transportation (FDOT)
    Qualification Process are presumed to be qualified for county
10  and Expressway Authority work. Provides an appeal process for
    the contractor when the county or Expressway Authority objects
11  to the prequalification process.

12  Expands the use of innovative contracting techniques by the
    Department of Transportation to include maintenance contracts.
13
    Clarifies the role of Metropolitan Planning Organizations
14  (MPOs) technical advisory committees with regard to school
    boards to ensure better coordination in planning
15  transportation projects.

16  Clarifies representation on certain MPOs Chairmen's
    Coordinating Committee and lessens the penalty on disputed
17  projects.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  50