Senate Bill 1368e1

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  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; creating s. 215.617, F.S.; providing for

16         the issuance of bonds by the Division of Bond

17         Finance; amending s. 311.07, F.S.; expanding

18         the use of certain seaport funds; providing for

19         a final audit of funds; amending s. 311.09,

20         F.S.; providing overrule authority to certain

21         state agencies; providing voting membership to

22         certain state agencies; providing requirements

23         for the procurement of professional services;

24         amending s. 320.20, F.S.; providing certain

25         projects are fixed capital outlay projects;

26         providing bonding authority; providing a

27         timeframe for bond maturity; amending s.

28         316.06, F.S.; authorizing local governments to

29         agree to provide for the installation of

30         multiparty stop signs on certain roads;

31         providing guidelines for the installation of


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  1         such signage; amending ss. 316.302, 316.516,

  2         316.545, F.S.; updating cross-references to the

  3         current federal safety regulations; deleting

  4         references to weight and safety officers;

  5         amending s. 316.515, F.S.; deleting a reference

  6         to an automobile transporter height limit;

  7         repealing s. 316.610(3), F.S., relating to

  8         commercial motor vehicle inspections; amending

  9         s. 330.30, F.S.; removing the requirement for

10         joint submission of applications for airport

11         site approval and for an airport license;

12         amending s. 332.004, F.S.; expanding the

13         definition of the term "airport or aviation

14         development project" to include off-site

15         airport noise mitigation projects; amending s.

16         20.23, F.S.; authorizing the Florida Department

17         of Transportation to adopt rules for the

18         delegation of authority beyond the assistant

19         secretaries; amending s. 334.187, F.S.;

20         authorizing the Florida Department of

21         Transportation to adopt rules relating to the

22         use of prepaid escrow accounts; amending s.

23         334.044, F.S.; authorizing the department to

24         purchase promotional items for use in certain

25         public awareness campaigns; authorizing the

26         Florida Department of Transportation to adopt

27         rules relating to approval of aggregate and

28         other material sources; amending s. 337.18,

29         F.S.; authorizing the Florida Department of

30         Transportation to adopt rules related to surety

31         bonds; amending s. 338.155, F.S.; authorizing


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  1         the Florida Department of Transportation to

  2         adopt rules relating to guaranteed toll

  3         accounts; amending s. 339.09, F.S.; authorizing

  4         the Florida Department of Transportation to

  5         adopt rules related to the expenditure of

  6         transportation revenues; amending s. 427.013,

  7         F.S.; authorizing the Commission for the

  8         Transportation Disadvantaged to adopt rules

  9         related to developing operational standards;

10         amending s. 427.0135, F.S.; granting authority

11         for rules adopted by the Commission for the

12         Transportation Disadvantaged related to member

13         departments; amending s. 427.015, F.S.;

14         granting authority for rules adopted by the

15         Commission for the Transportation Disadvantaged

16         related to community transportation

17         coordinators; amending s. 335.02, F.S.;

18         providing a maximum-lane policy; amending ss.

19         335.141, 341.302, F.S.; repealing the

20         department's authority to regulate train

21         operating speeds; amending ss. 336.41, 336.44,

22         255.20, 337.14, F.S.; providing that any

23         contractor prequalified by the State of Florida

24         is presumed qualified to bid on projects in

25         excess of $250,000 for county and expressway

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

27         expanding the authorized uses of the local

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

29         authorizing highway maintenance projects to be

30         included in the innovative highway program;

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


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

  2         certain projects into a single contract;

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

  4         of validity of contractor prequalification;

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

  6         retainage flexibility; amending s. 338.161,

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

  8         use of toll facilities; amending s. 338.165,

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

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

11         increasing the current cap on the local

12         government advance reimbursement program;

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

14         requirement for identification of advanced

15         right-of-way acquisition projects in the

16         tentative work program; amending ss. 334.035,

17         334.046, F.S.; providing prevailing principles

18         for planning and developing transportation

19         systems; amending s. 339.155, F.S.; clarifying

20         the public participation process in

21         transportation planning; conforming provisions

22         to federal requirements; providing prevailing

23         principles; deleting certain planning factors;

24         amending s. 339.175, F.S.; providing duties of

25         the metropolitan planning Technical Advisory

26         Committee; providing for a coordinating

27         committee in certain M.P.O.s; providing

28         prevailing principles for planning and

29         developing transportation systems for

30         metropolitan planning organizations; deleting

31         certain planning factors; amending s. 341.051,


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

  2         transit capital projects; amending s. 343.56,

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

  4         funds to pay principal and interest on bonds;

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

  6         technical correction; amending s. 332.007,

  7         F.S.; allowing the reimbursement period for

  8         certain airports to be extended; amending s.

  9         479.15, F.S.; revising guidelines on local

10         government removal of signs along highways and

11         roads; requiring a study by the Office of

12         Program Policy Analysis and Government

13         Accountability; providing an effective date.

14

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

16

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

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

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

20         20.23  Department of Transportation.--There is created

21  a Department of Transportation which shall be a decentralized

22  agency.

23         (2)

24         (b)  The commission shall have the primary functions

25  to:

26         1.  Recommend major transportation policies for the

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

28  revisions thereto are properly executed.

29         2.  Periodically review the status of the state

30  transportation system including highway, transit, rail,

31  seaport, intermodal development, and aviation components of


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  1  the system and recommend improvements therein to the Governor

  2  and the Legislature.

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

  4  department budget request, the Florida Transportation Plan,

  5  and the tentative work program for compliance with all

  6  applicable laws and established departmental policies. Except

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

  8  the commission may not consider individual construction

  9  projects, but shall consider methods of accomplishing the

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

11  businesslike manner.

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

13  regular basis to assure that the department is managing

14  revenue and bond proceeds responsibly and in accordance with

15  law and established policy.

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

17  efficiency, productivity, and management of the department,

18  using performance and production standards developed by the

19  commission pursuant to s. 334.045.

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

21  causing disruption of project schedules in the adopted work

22  program and recommend to the Legislature and the Governor

23  methods to eliminate or reduce the disruptive effects of these

24  factors.

25         7.  Recommend to the Governor and the Legislature

26  improvements to the department's organization in order to

27  streamline and optimize the efficiency of the department. The

28  initial report by the commission must be delivered to the

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

30  thereafter, as appropriate. The commission may retain such

31  experts as are reasonably necessary to effectuate this


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  1  subparagraph, and the department shall pay the expenses of

  2  such experts.

  3         (3)

  4         (c)  The secretary shall appoint an Assistant Secretary

  5  for Transportation Policy, an Assistant Secretary for Finance

  6  and Administration, and an Assistant Secretary for District

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

  8  secretary.  The positions are responsible for developing,

  9  monitoring, and enforcing policy and managing major technical

10  programs.  The responsibilities and duties of these positions

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

12  areas:

13         1.  Assistant Secretary for Transportation Policy.--

14         a.  Development of the Florida Transportation Plan and

15  other policy planning;

16         b.  Development of statewide modal systems plans,

17  including public transportation systems;

18         c.  Design of transportation facilities;

19         d.  Construction of transportation facilities; and

20         e.  Acquisition and management of transportation

21  rights-of-way; and.

22         f.  Administration of motor carrier compliance and

23  safety.

24         2.  Assistant Secretary for District Operations.--

25         a.  Administration of the nine eight districts; and

26         b.  Implementation of the decentralization of the

27  department.; and

28         c.  Administration of motor carrier compliance and

29  safety.

30         3.  Assistant Secretary for Finance and

31  Administration.--


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  1         a.  Financial planning and management;

  2         b.  Information systems;

  3         c.  Accounting systems;

  4         d.  Administrative functions; and

  5         e.  Administration of toll operations.

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

  7  established within the central office for the purposes of:

  8         a.  Developing policy and procedures and monitoring

  9  performance to ensure compliance with these policies and

10  procedures;

11         b.  Performing statewide activities which it is more

12  cost-effective to perform in a central location;

13         c.  Assessing and ensuring the accuracy of information

14  within the department's financial management information

15  systems; and

16         d.  Performing other activities of a statewide nature.

17         2.  The following offices are established and shall be

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

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

20  classified at a level equal to a division director:

21         a.  The Office of Administration;

22         b.  The Office of Policy Planning;

23         c.  The Office of Design;

24         d.  The Office of Highway Operations;

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

26         f.  The Office of Toll Operations; and

27         g.  The Office of Information Systems; and.

28         h.  The Office of Motor Carrier Compliance.

29         3.  Other offices may be established in accordance with

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

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


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

  2  legislative authority.

  3         4.  During the construction of a major transportation

  4  improvement project or as determined by the district

  5  secretary, the department may provide assistance to a business

  6  entity significantly impacted by the project if the entity is

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

  8  prior to the beginning of construction and has direct or

  9  shared access to the transportation project being constructed.

10  The assistance program shall be in the form of additional

11  guarantees to assist the impacted business entity in receiving

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

13  instance shall the combined guarantees be greater than 90

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

15  implement this subparagraph.

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

17  organized into nine eight districts, including a turnpike

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

19  secretaries shall report to the Assistant Secretary for

20  District Operations. The headquarters of the districts shall

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

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

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

24  In order to provide for efficient operations and to expedite

25  the decisionmaking process, the department shall provide for

26  maximum decentralization to the districts. However, before

27  making a decision to centralize or decentralize department

28  operations or relocate the turnpike district, the department

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

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

31


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  1  periodically evaluate such decisions to ensure that they are

  2  appropriate.

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

  4  206.8745, Florida Statutes, to read:

  5         206.8745  Credits and refund claims.--

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

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

  8  during idle time for the purpose of running climate control

  9  systems and maintaining electrical systems for the motor coach

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

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

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

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

14  exclusively in the commercial application of transporting

15  passengers for compensation, and that has the capacity to

16  measure diesel fuel consumed in Florida during idling,

17  separate from diesel fuel consumed to propel the vehicle in

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

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

20  calendar year.

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

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

23  paid and after December 31, 2000.

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

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

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

27  purchases containing the information required by s.

28  206.41(5)(b)1.

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

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

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


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  1

  2  The Department of Revenue may adopt rules to administer this

  3  subsection.

  4         Section 3.  Section 215.617, Florida Statutes, is

  5  created to read:

  6         215.617  Bonds for the Florida Seaport Transportation

  7  and Economic Development Program.--

  8         (1)  The Division of Bond Finance, on behalf of the

  9  Florida Seaport Transportation and Economic Development

10  Council, is authorized to issue revenue bonds pursuant to s.

11  11, Art. VII of the State Constitution and the State Bond Act

12  for the purposes of financing or refinancing fixed capital

13  requirements of the Florida Seaport Transportation and

14  Economic Development Program as provided in chapter 311 and s.

15  320.20(3) and (4) and funding seaport access projects of

16  statewide significance as provided in s. 341.053.

17         (2)  The revenue bonds issued pursuant to this section

18  shall not constitute a general obligation of or a pledge of

19  the full faith and credit of the state or any of its agencies.

20         (3)  Bonds issued pursuant to this section shall be

21  payable solely from funds pledged pursuant to s. 320.20(3) and

22  (4). Such funds shall be assigned and pledged as security and

23  deposited in trust with the State Board of Administration

24  pursuant to the terms of an agreement entered into among the

25  ports and the State Board of Administration.

26         Section 4.  Paragraph (b) of subsection (3) and

27  subsection (6) of section 311.07, Florida Statutes, is amended

28  to read:

29         311.07  Florida seaport transportation and economic

30  development funding.--

31         (3)


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

  2  program are limited to the following port facilities or port

  3  transportation projects:

  4         1.  Transportation facilities within the jurisdiction

  5  of the port.

  6         2.  The dredging or deepening of channels, turning

  7  basins, or harbors.

  8         3.  The construction or rehabilitation of wharves,

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

10  terminals, automated people mover systems, or any facilities

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

12         4.  The acquisition of container cranes or other

13  mechanized equipment used in the movement of cargo or

14  passengers in international commerce.

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

16  purposes.

17         6.  The acquisition, improvement, enlargement, or

18  extension of existing port facilities.

19         7.  Environmental protection projects which are

20  necessary because of requirements imposed by a state agency as

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

22  are necessary for environmental mitigation required as a

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

24  which are necessary for the acquisition of spoil disposal

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

26  which result from the funding of eligible projects listed

27  herein.

28         8.  Transportation facilities as defined in s.

29  334.03(31) which are not otherwise part of the Department of

30  Transportation's adopted work program.

31


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  1         9.  Seaport intermodal access projects identified in

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

  3  311.09(3).

  4         10.  Construction or rehabilitation of port facilities

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

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

  7  projects create economic development opportunities, capital

  8  improvements, and positive financial returns to such ports.

  9         (6)  The Department of Transportation shall subject any

10  project that receives funds pursuant to this section and s.

11  320.20 to a final audit.  The department may adopt rules and

12  perform such other acts as are necessary or convenient to

13  ensure that the final audits are conducted and that any

14  deficiency or questioned costs noted by the audit are

15  resolved.

16         Section 5.  Subsections (1), (4), (6), (7), (8), (11)

17  and (12) of section 311.09, Florida Statutes, are amended to

18  read:

19         311.09  Florida Seaport Transportation and Economic

20  Development Council.--

21         (1)  The Florida Seaport Transportation and Economic

22  Development Council is created within the Department of

23  Transportation.  The council consists of the following 17

24  members: the port director, or the port director's designee,

25  of each of the ports of Jacksonville, Port Canaveral, Fort

26  Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, St.

27  Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key

28  West, and Fernandina; the secretary of the Department of

29  Transportation or his or her designee as an ex officio

30  nonvoting member; the director of the Office of Tourism,

31  Trade, and Economic Development or his or her designee as an


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  1  ex officio nonvoting member; and the secretary of the

  2  Department of Community Affairs or his or her designee as an

  3  ex officio nonvoting member.

  4         (4)  The council shall adopt rules for evaluating

  5  projects which may be funded under ss. s. 311.07 and 320.20.

  6  The rules shall provide criteria for evaluating the economic

  7  benefit of the project, measured by the potential for the

  8  proposed project to increase cargo flow, cruise passenger

  9  movement, international commerce, port revenues, and the

10  number of jobs for the port's local community.

11         (6)  The Department of Community Affairs shall review

12  the list of projects approved by the council to determine

13  consistency with approved local government comprehensive plans

14  of the units of local government in which the port is located

15  and consistency with the port master plan.  The Department of

16  Community Affairs shall identify and notify the council of

17  those projects which are not consistent, to the maximum extent

18  feasible, with such comprehensive plans and port master plans.

19  The Department of Community Affairs may overrule any action of

20  the council approving a project.

21         (7)  The Department of Transportation shall review the

22  list of projects approved by the council for consistency with

23  the Florida Transportation Plan and the department's adopted

24  work program.  In evaluating the consistency of a project, the

25  department shall determine whether the transportation impact

26  of the proposed project is adequately handled by existing

27  state-owned transportation facilities or by the construction

28  of additional state-owned transportation facilities as

29  identified in the Florida Transportation Plan and the

30  department's adopted work program.  In reviewing for

31  consistency a transportation facility project as defined in s.


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  1  334.03(31) which is not otherwise part of the department's

  2  work program, the department shall evaluate whether the

  3  project is needed to provide for projected movement of cargo

  4  or passengers from the port to a state transportation facility

  5  or local road.  If the project is needed to provide for

  6  projected movement of cargo or passengers, the project shall

  7  be approved for consistency as a consideration to facilitate

  8  the economic development and growth of the state in a timely

  9  manner. The Department of Transportation shall identify those

10  projects which are inconsistent with the Florida

11  Transportation Plan and the adopted work program and shall

12  notify the council of projects found to be inconsistent. The

13  Department of Transportation may overrule any action of the

14  council approving a project.

15         (8)  The Office of Tourism, Trade, and Economic

16  Development, in consultation with Enterprise Florida, Inc.,

17  shall review the list of projects approved by the council to

18  evaluate the economic benefit of the project and to determine

19  whether the project is consistent with the Florida Seaport

20  Mission Plan.  The Office of Tourism, Trade, and Economic

21  Development shall review the economic benefits of each project

22  based upon the rules adopted pursuant to subsection (4).  The

23  Office of Tourism, Trade, and Economic Development shall

24  identify those projects which it has determined do not offer

25  an economic benefit to the state or are not consistent with

26  the Florida Seaport Mission Plan and shall notify the council

27  of its findings. The Office of Tourism, Trade, and Economic

28  Development may overrule any action of the council approving a

29  project.

30         (11)  The council shall meet at the call of its

31  chairperson, at the request of a majority of its membership,


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  1  or at such times as may be prescribed in its bylaws.  However,

  2  the council must meet at least semiannually.  A majority of

  3  voting members of the council constitutes a quorum for the

  4  purpose of transacting the business of the council.  All

  5  members of the council are voting members except for members

  6  representing the Department of Transportation; the Department

  7  of Community Affairs; and the Office of Tourism, Trade, and

  8  Economic Development.  A vote of the majority of the voting

  9  members present is sufficient for any action of the council,

10  except that a member representing the Department of

11  Transportation, the Department of Community Affairs, or the

12  Office of Tourism, Trade, and Economic Development may

13  overrule any action of the council approving a project. The

14  unless the bylaws of the council may require a greater vote

15  for a particular action. However, such bylaws may not affect

16  the overrule authority of the Department of Transportation,

17  the Department of Community Affairs, and the Office of

18  Tourism, Trade, and Economic Development.

19         (12)  Members of the council shall serve without

20  compensation but are entitled to receive reimbursement for per

21  diem and travel expenses as provided in s. 112.061.  The

22  council may elect to provide an administrative staff to

23  provide services to the council on matters relating to the

24  Florida Seaport Transportation and Economic Development

25  Program and the council.  The cost for such administrative

26  services shall be paid by all ports that receive funding from

27  the Florida Seaport Transportation and Economic Development

28  Program, based upon a pro rata formula measured by each

29  recipient's share of the funds as compared to the total funds

30  disbursed to all recipients during the year.  The share of

31  costs for administrative services shall be paid in its total


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  1  amount by the recipient port upon execution by the port and

  2  the Department of Transportation of a joint participation

  3  agreement for each council-approved project, and such payment

  4  is in addition to the matching funds required to be paid by

  5  the recipient port. The procurement of outside professional

  6  services by the council is subject to s. 287.057 and any

  7  written agreements and documentation supporting payments for

  8  professional services must be retained by the council.

  9         Section 6.  Subsections (3) and (4) of section 320.20,

10  Florida Statutes, are amended to read:

11         320.20  Disposition of license tax moneys.--The revenue

12  derived from the registration of motor vehicles, including any

13  delinquent fees and excluding those revenues collected and

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

15  distributed monthly, as collected, as follows:

16         (3)  Notwithstanding any other provision of law except

17  subsections (1) and (2), on July 1, 1996, and annually

18  thereafter, $15 million shall be deposited in the State

19  Transportation Trust Fund solely for the purposes of funding

20  the Florida Seaport Transportation and Economic Development

21  Program as provided for in chapter 311.  Such revenues shall

22  be distributed on a 50-50 matching basis to any port listed in

23  s. 311.09(1) to be used for funding projects as described in

24  s. 311.07(3)(b). Projects that are funded under this

25  subsection shall be considered state fixed capital outlay

26  projects for bonding purposes. Such revenues may be assigned,

27  pledged, or set aside as a trust for the payment of principal

28  or interest on bonds, tax anticipation certificates, or any

29  other form of indebtedness issued by the State Board of

30  Administration, Division of Bond Finance, on behalf of any

31  ports that form a collective interlocal agreement an


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  1  individual port or appropriate local government having

  2  jurisdiction thereof, or collectively by interlocal agreement

  3  among any of the ports, or used to purchase credit support to

  4  permit such borrowings. However, such debt shall not

  5  constitute a general obligation of the State of Florida. Such

  6  bonds in issue and series must mature 30 years from their date

  7  of issuance. The state does hereby covenant with holders of

  8  such revenue bonds or other instruments of indebtedness issued

  9  hereunder that it will not repeal or impair or amend in any

10  manner which will materially and adversely affect the rights

11  of such holders so long as bonds authorized by this section

12  are outstanding.  Any revenues which are not pledged to the

13  repayment of bonds as authorized by this section may be

14  utilized for purposes authorized under the Florida Seaport

15  Transportation and Economic Development Program.  This revenue

16  source is in addition to any amounts provided for and

17  appropriated in accordance with s. 311.07.  The Florida

18  Seaport Transportation and Economic Development Council shall

19  approve distribution of funds to ports for projects which have

20  been approved pursuant to s. 311.09(5)-(9).  The council and

21  the Department of Transportation are authorized to perform

22  such acts as are required to facilitate and implement the

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

24  cooperate to their mutual advantage, the governing body of

25  each port may exercise powers provided to municipalities or

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

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

28  The use of funds provided pursuant to this subsection are

29  limited to eligible projects listed in this subsection.

30  Income derived from a project completed with the use of

31  program funds, beyond operating costs and debt service, shall


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  1  be restricted to further port capital improvements consistent

  2  with maritime purposes and for no other purpose.  Use of such

  3  income for nonmaritime purposes is prohibited. The provisions

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

  5  this subsection.

  6         (4)  Notwithstanding any other provision of law except

  7  subsections (1), (2), and (3), on July 1, 1999, and annually

  8  thereafter, $10 million shall be deposited in the State

  9  Transportation Trust Fund solely for the purposes of funding

10  the Florida Seaport Transportation and Economic Development

11  Program as provided in chapter 311 and for funding seaport

12  intermodal access projects of statewide significance as

13  provided in s. 341.053. Projects that are funded under this

14  subsection shall be considered state fixed capital outlay

15  projects for bonding purposes. Such revenues shall be

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

17  funding projects as follows:

18         (a)  For any seaport intermodal access projects that

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

20  Department of Transportation, up to the amounts needed to

21  offset the funding requirements of this section; and

22         (b)  For seaport intermodal access projects as

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

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

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

26  mutually determined by the Florida Seaport Transportation and

27  Economic Development Council and the Department of

28  Transportation, provided a minimum of 25 percent of total

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

30  private funds, or specifically earmarked federal funds; or

31


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

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

  3         (d)  For seaport intermodal access projects that

  4  involve the dredging or deepening of channels, turning basins,

  5  or harbors; or the rehabilitation of wharves, docks, or

  6  similar structures. Funding for such projects shall require a

  7  25 percent match of the funds received pursuant to this

  8  subsection. Matching funds shall come from any port funds,

  9  federal funds, local funds, or private funds.

10

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

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

13  anticipation certificates, or any other form of indebtedness

14  issued by the State Board of Administration, Division of Bond

15  Finance, on behalf of any ports that form a collective

16  interlocal agreement an individual port or appropriate local

17  government having jurisdiction thereof, or collectively by

18  interlocal agreement among any of the ports, or used to

19  purchase credit support to permit such borrowings. However,

20  such debt shall not constitute a general obligation of the

21  state. Such bonds in issue and series must mature at such time

22  not exceeding 30 years from their date of issuance. This state

23  does hereby covenant with holders of such revenue bonds or

24  other instruments of indebtedness issued hereunder that it

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

26  manner which will materially and adversely affect the rights

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

28  outstanding. Any revenues that are not pledged to the

29  repayment of bonds as authorized by this section may be

30  utilized for purposes authorized under the Florida Seaport

31  Transportation and Economic Development Program. This revenue


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  1  source is in addition to any amounts provided for and

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

  3  The Florida Seaport Transportation and Economic Development

  4  Council shall approve distribution of funds to ports for

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

  6  or for seaport intermodal access projects identified in the

  7  5-year Florida Seaport Mission Plan as provided in s.

  8  311.09(3) and mutually agreed upon by the FSTED Council and

  9  the Department of Transportation.  All contracts for actual

10  construction of projects authorized by this subsection must

11  include a provision encouraging employment of WAGES

12  participants.  The goal for employment of WAGES participants

13  is 25 percent of all new employees employed specifically for

14  the project, unless the Department of Transportation and the

15  Florida Seaport Transportation and Economic Development

16  Council can demonstrate to the satisfaction of the Secretary

17  of Labor and Employment Security that such a requirement would

18  severely hamper the successful completion of the project. In

19  such an instance, the Secretary of Labor and Employment

20  Security shall establish an appropriate percentage of

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

22  Department of Transportation are authorized to perform such

23  acts as are required to facilitate and implement the

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

25  cooperate to their mutual advantage, the governing body of

26  each port may exercise powers provided to municipalities or

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

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

29  The use of funds provided pursuant to this subsection is

30  limited to eligible projects listed in this subsection. The

31


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

  2  pursuant to this subsection.

  3         Section 7.  Subsections (2) and (3) of section 316.006,

  4  Florida Statutes, are amended to read:

  5         316.006  Jurisdiction.--Jurisdiction to control traffic

  6  is vested as follows:

  7         (2)  MUNICIPALITIES.--

  8         (a)  Chartered municipalities shall have original

  9  jurisdiction over all streets and highways located within

10  their boundaries, except state roads, and may place and

11  maintain such traffic control devices which conform to the

12  manual and specifications of the Department of Transportation

13  upon all streets and highways under their original

14  jurisdiction as they shall deem necessary to indicate and to

15  carry out the provisions of this chapter or to regulate, warn,

16  or guide traffic.

17         (b)  A municipality may exercise jurisdiction over any

18  private road or roads, or over any limited access road or

19  roads owned or controlled by a special district, located

20  within its boundaries if the municipality and party or parties

21  owning or controlling such road or roads provide, by written

22  agreement approved by the governing body of the municipality,

23  for municipal traffic control jurisdiction over the road or

24  roads encompassed by such agreement. Pursuant thereto:

25         1.  Provision for reimbursement for actual costs of

26  traffic control and enforcement and for liability insurance

27  and indemnification by the party or parties, and such other

28  terms as are mutually agreeable, may be included in such an

29  agreement.

30         2.  The exercise of jurisdiction provided for herein

31  shall be in addition to jurisdictional authority presently


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    CS for CS for SB 1368                          First Engrossed



  1  exercised by municipalities under law, and nothing in this

  2  paragraph shall be construed to limit or remove any such

  3  jurisdictional authority. Such jurisdiction includes

  4  regulation of access to such road or roads by security devices

  5  or personnel.

  6         3.  Any such agreement may provide for the installation

  7  of multiparty stop signs by the parties controlling the roads

  8  covered by the agreement, if a determination is made by such

  9  parties that the signage will enhance traffic safety.

10  Multiparty stop signs must conform to the manual and

11  specifications of the Department of Transportation. However,

12  minimum traffic volumes may not be required for the

13  installation of such signage. Enforcement for the signs shall

14  be as provided in s. 316.123.

15

16  This subsection shall not limit those counties which have the

17  charter powers to provide and regulate arterial, toll, and

18  other roads, bridges, tunnels, and related facilities from the

19  proper exercise of those powers by the placement and

20  maintenance of traffic control devices which conform to the

21  manual and specifications of the Department of Transportation

22  on streets and highways located within municipal boundaries.

23         (3)  COUNTIES.--

24         (a)  Counties shall have original jurisdiction over all

25  streets and highways located within their boundaries, except

26  all state roads and those streets and highways specified in

27  subsection (2), and may place and maintain such traffic

28  control devices which conform to the manual and specifications

29  of the Department of Transportation upon all streets and

30  highways under their original jurisdiction as they shall deem

31


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    CS for CS for SB 1368                          First Engrossed



  1  necessary to indicate and to carry out the provisions of this

  2  chapter or to regulate, warn, or guide traffic.

  3         (b)  A county may exercise jurisdiction over any

  4  private road or roads, or over any limited access road or

  5  roads owned or controlled by a special district, located in

  6  the unincorporated area within its boundaries if the county

  7  and party or parties owning or controlling such road or roads

  8  provide, by written agreement approved by the governing body

  9  of the county, for county traffic control jurisdiction over

10  the road or roads encompassed by such agreement.  Pursuant

11  thereto:

12         1.  Provision for reimbursement for actual costs of

13  traffic control and enforcement and for liability insurance

14  and indemnification by the party or parties, and such other

15  terms as are mutually agreeable, may be included in such an

16  agreement.

17         2.  Prior to entering into an agreement which provides

18  for enforcement of the traffic laws of the state over a

19  private road or roads, or over any limited access road or

20  roads owned or controlled by a special district, the governing

21  body of the county shall consult with the sheriff. No such

22  agreement shall take effect prior to October 1, the beginning

23  of the county fiscal year, unless this requirement is waived

24  in writing by the sheriff.

25         3.  The exercise of jurisdiction provided for herein

26  shall be in addition to jurisdictional authority presently

27  exercised by counties under law, and nothing in this paragraph

28  shall be construed to limit or remove any such jurisdictional

29  authority.

30         4.  Any such agreement may provide for the installation

31  of multiparty stop signs by the parties controlling the roads


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    CS for CS for SB 1368                          First Engrossed



  1  covered by the agreement, if a determination is made by such

  2  parties that the signage will enhance traffic safety.

  3  Multiparty stop signs must conform to the manual and

  4  specifications of the Department of Transportation. However,

  5  minimum traffic volumes may not be required for the

  6  installation of such signage. Enforcement for the signs shall

  7  be as provided in s. 316.123.

  8

  9  Notwithstanding the provisions of subsection (2), each county

10  shall have original jurisdiction to regulate parking, by

11  resolution of the board of county commissioners and the

12  erection of signs conforming to the manual and specifications

13  of the Department of Transportation, in parking areas located

14  on property owned or leased by the county, whether or not such

15  areas are located within the boundaries of chartered

16  municipalities.

17         Section 8.  Paragraph (b) of subsection (1) and

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

19  are amended to read:

20         316.302  Commercial motor vehicles; safety regulations;

21  transporters and shippers of hazardous materials;

22  enforcement.--

23         (1)

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

25  owners or drivers of commercial motor vehicles that are

26  engaged in intrastate commerce are subject to the rules and

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

28  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

30  regulations existed on March 1, 2000 1999.

31


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  1         (5)  The Department of Transportation may adopt and

  2  revise rules to assure the safe operation of commercial motor

  3  vehicles. The Department of Transportation may enter into

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

  5  Department of Transportation personnel may conduct motor

  6  carrier and shipper terminal audits only for the purpose of

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

  8  177, 178, 180, 382, 385, 391, 393,  396, and 397; 49 C.F.R. s.

  9  395.1(e)(5); and s. 627.7415.

10         (8)  Any Department of Transportation law enforcement

11  officer agent of the Department of Transportation described in

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

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

14  department who is authorized to enforce the traffic laws of

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

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

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

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

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

20  department authorized to enforce the traffic laws of this

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

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

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

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

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

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

27  the driver resists the officer without violence or a violation

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

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

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

31  proper repair or adjustment, and the continued operation would


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    CS for CS for SB 1368                          First Engrossed



  1  probably present an unduly hazardous operating condition, the

  2  officer may require the vehicle to be immediately repaired or

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

  4  present an unduly hazardous operating condition, the officer

  5  may give written notice to require proper repair and

  6  adjustment of the vehicle within 14 days.

  7         Section 9.  Subsection (2) of section 316.515, Florida

  8  Statutes, is amended to read:

  9         316.515  Maximum width, height, length.--

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

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

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

13  Department of Transportation, measure a height not to exceed

14  14 feet, inclusive of the load carried thereon.

15         Section 10.  Subsection (1) of section 316.516, Florida

16  Statutes, is amended to read:

17         316.516  Width, height, and length; inspection;

18  penalties.--

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

20  316.640, or any weight and safety officer of the Department of

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

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

23  combination of vehicles and the load thereon is not in

24  conformance with s. 316.515 is authorized to require the

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

26  of its width, height, or length.

27         Section 11.  Subsections (1) and (9) of section

28  316.545, Florida Statutes, are amended to read:

29         316.545  Weight and load unlawful; special fuel and

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

31


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

  2  the Department of Transportation having reason to believe that

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

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

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

  6  require that such vehicle be driven to the nearest weigh

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

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

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

10  portable scales if such a facility is available within 5

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

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

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

14  775.082 or s. 775.083.  Anyone who knowingly and willfully

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

16  safety officer while refusing to submit to such weighing by

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

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

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

20  s. 775.084.

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

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

23  officer and who meets the qualifications established by law

24  for law enforcement officer officers shall have the same

25  arrest powers as are granted any law enforcement officer.

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

27  enforcement for the purpose of enforcing the provisions of

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

29  and fuel tax compliance laws.

30         Section 12.  Subsection (3) of section 316.610, Florida

31  Statutes, is repealed.


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    CS for CS for SB 1368                          First Engrossed



  1         Section 13.  Paragraph (a) of subsection (1) and

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

  3  Statutes, are amended to read:

  4         330.30  Approval of airport sites and licensing of

  5  airports; fees.--

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

  7  PERIOD, REVOCATION.--

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

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

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

11  to the construction or establishment of the proposed airport,

12  obtain approval of the airport site from the department.

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

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

15  department and must shall be accompanied by a site approval

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

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

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

19         2.  That the proposed airport, if constructed or

20  established, will conform to minimum standards of safety and

21  will comply with applicable county or municipal zoning

22  requirements;

23         3.  That all nearby airports, municipalities, and

24  property owners have been notified and any comments submitted

25  by them have been given adequate consideration; and

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

27  for the proposed airport and for all existing airports and

28  approved airport sites in its vicinity.

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

30  REVOCATION.--

31


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

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

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

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

  5  the department and shall be accomplished jointly with an

  6  application for site approval.  Upon completing granting site

  7  approval, making a favorable final airport inspection report

  8  indicating compliance with all license requirements, and

  9  receiving the appropriate license fee, the department shall

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

11  conditions that the department may deem necessary to protect

12  the public health, safety, or welfare.

13         Section 14.  Section 332.004, Florida Statutes, is

14  amended to read:

15         332.004  Definitions of terms used in ss.

16  332.003-332.007.--As used in ss. 332.003-332.007, the term:

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

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

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

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

21  intended for public use, for airport buildings or other

22  airport facilities or rights-of-way.

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

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

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

26  or causes an obstruction to the airspace required for the

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

28  is otherwise hazardous to landing or taking off at such

29  airport.

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

31  for planning purposes, of information and guidance to


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    CS for CS for SB 1368                          First Engrossed



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

  2  at a specific airport.

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

  4  "development project" means any activity associated with the

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

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

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

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

  9  state, or local permit or agreement for environmental

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

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

12  airport hazards; the installation of navigation aids used by

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

14  the installation of safety equipment required by rule or

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

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

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

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

19  to the maximum extent feasible, with the approved local

20  government comprehensive plan of the units of local government

21  in which the airport is located.

22         (5)  "Airport or aviation discretionary capacity

23  improvement projects" or "discretionary capacity improvement

24  projects" means capacity improvements which are consistent, to

25  the maximum extent feasible, with the approved local

26  government comprehensive plans of the units of local

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

28  intercontinental capacity at airports which:

29         (a)  Are international airports with United States

30  Customs Service;

31


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  1         (b)  Had one or more regularly scheduled

  2  intercontinental flights during the previous calendar year or

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

  4  regularly scheduled intercontinental flights upon the

  5  commitment of funds for stipulated airport capital

  6  improvements; and

  7         (c)  Have available or planned public ground

  8  transportation between the airport and other major

  9  transportation facilities.

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

11  of comprehensive aviation plans designed to achieve and

12  facilitate the establishment of a statewide, integrated

13  aviation system in order to meet the current and future

14  aviation needs of this state.

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

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

17  public-use airport.

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

19  Federal Government for the accomplishment of airport or

20  aviation development projects.

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

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

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

24  and made operational in the future.

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

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

27  an aircraft.

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

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

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

31  act is contemplated.


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

  2  of airport or aviation development or airport master planning.

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

  4  accomplishing a project.

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

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

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

  8  individually or jointly with one or more eligible agencies,

  9  submits to the department an application for financial

10  assistance for an airport development project in accordance

11  with this act.

12         Section 15.  Paragraph (c) of subsection (1) of section

13  20.23, Florida Statutes, is amended to read:

14         20.23  Department of Transportation.--There is created

15  a Department of Transportation which shall be a decentralized

16  agency.

17         (1)

18         (c)  The secretary shall appoint three assistant

19  secretaries who shall be directly responsible to the secretary

20  and who shall perform such duties as are specified in this

21  section and such other duties as are assigned by the

22  secretary.  The secretary may delegate to any assistant

23  secretary the authority to act in the absence of the

24  secretary. The department has the authority to adopt rules

25  necessary for the delegation of authority beyond the assistant

26  secretaries. The assistant secretaries shall serve at the

27  pleasure of the secretary.

28         Section 16.  Subsection (4) is added to section

29  334.187, Florida Statutes, to read:

30         334.187  Guarantee of obligations to the department.--

31


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  1         (4)  The department is authorized to adopt rules

  2  relating to the use of prepaid escrow accounts for purchases

  3  from the department.

  4         Section 17.  Section 334.044, Florida Statutes, is

  5  amended to read:

  6         334.044  Department; powers and duties.--The department

  7  shall have the following general powers and duties:

  8         (1)  To assume the responsibility for coordinating the

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

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

11  compatibility of all components, including multimodal

12  facilities.

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

14  120.54 to implement the provisions of law conferring duties

15  upon it.

16         (3)  To adopt an official seal.

17         (4)  To maintain its headquarters in Tallahassee and

18  its district offices and necessary field offices at such

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

20  build, or lease suitable buildings for such uses.

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

22  materials, including the purchase of promotional items as part

23  of public information and education campaigns for the

24  promotion of traffic and train safety awareness, alternatives

25  to single occupant vehicle travel, and commercial motor

26  vehicle safety; to purchase, lease or otherwise acquire

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

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

29  department.

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

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


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    CS for CS for SB 1368                          First Engrossed



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

  2  determine are necessary to the performance of its duties and

  3  the execution of its powers.

  4         (7)  To enter into contracts and agreements.

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

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

  7  qualified consultants.  For the purposes of chapters 471 and

  8  472, the department shall be considered a firm.

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

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

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

12  336.045.

13         (b)  The department shall periodically review its

14  construction, design, and maintenance standards to ensure that

15  such standards are cost-effective and consistent with

16  applicable federal regulations and state law.

17         (c)  The department is authorized to adopt rules

18  relating to approval of aggregate and other material sources.

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

20  to functionally classify such roads, and to assign

21  jurisdictional responsibility.

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

23  public transportation facilities within the state and the

24  provision of related transportation services as authorized by

25  law.

26         (13)  To designate existing and to plan proposed

27  transportation facilities as part of the State Highway System,

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

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

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

31  turnpike, and other transportation facilities under the


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    CS for CS for SB 1368                          First Engrossed



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

  2  efficient, and effective maintenance and operation of such

  3  facilities.

  4         (15)  To regulate and prescribe conditions for the

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

  6  of manmade changes to adjacent properties.

  7         (a)  Such regulation shall be through a permitting

  8  process designed to ensure the safety and integrity of the

  9  Department of Transportation facilities and to prevent an

10  unreasonable burden on lower properties.

11         (b)  The department is specifically authorized to adopt

12  rules which set forth the purpose; necessary definitions;

13  permit exceptions; permit and assurance requirements; permit

14  application procedures; permit forms; general conditions for a

15  drainage permit; provisions for suspension or revocation of a

16  permit; and provisions for department recovery of fines,

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

18  order to avoid duplication and overlap with other units of

19  government, the department shall accept a surface water

20  management permit issued by a water management district, the

21  Department of Environmental Protection, a surface water

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

23  permit issued pursuant to an approved Stormwater Management

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

25  requirements equal to or more stringent than those of the

26  department.

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

28  operate toll facilities; to authorize the issuance and

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

30  charges for travel on any such facilities.

31


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    CS for CS for SB 1368                          First Engrossed



  1         (17)  To designate limited access facilities on the

  2  State Highway System and turnpike projects; to plan,

  3  construct, maintain, and operate service roads in connection

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

  5  any existing public road as a service road.

  6         (18)  To establish and maintain bicycle and pedestrian

  7  ways.

  8         (19)  To encourage and promote the development of

  9  multimodal transportation alternatives.

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

11  necessary for the improvement of the state transportation

12  system.

13         (21)  To conduct research and demonstration projects

14  relative to innovative transportation technologies.

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

16  the development of a statewide transportation system and in

17  the development of the individual components of the system.

18         (23)  To cooperate with the transportation department

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

20  development and construction of transportation facilities

21  physically connecting facilities of this state with those

22  facilities of any adjoining state.

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

24  funds available to the department for all transportation

25  purposes.

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

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

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

29  and private agencies, interested organizations, and

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

31  and all amendments thereto.  The Governor shall have the


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    CS for CS for SB 1368                          First Engrossed



  1  ultimate state responsibility for dealing with the Federal

  2  Government in respect to programs and activities initiated

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

  4  amendments thereto.

  5         (26)  To provide for the conservation of natural

  6  roadside growth and scenery and for the implementation and

  7  maintenance of roadside beautification programs. To accomplish

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

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

10  than 1.5 percent of the amount contracted for construction

11  projects shall be allocated by the department to

12  beautification programs. Except where prohibited by federal

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

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

15  large plant materials with the remaining funds for other plant

16  materials and these materials shall be purchased from

17  Florida-based nurseryman stock on a uniform competitive bid

18  basis. The department will develop grades and standards for

19  landscaping materials purchased through this process. To

20  accomplish these activities, the department may contract with

21  nonprofit organizations having the primary purpose of

22  developing youth employment opportunities.

23         (27)  To conduct studies and provide coordination to

24  assess the needs associated with landside ingress and egress

25  to port facilities, and to coordinate with local governmental

26  entities to ensure that port facility access routes are

27  properly integrated with other transportation facilities.

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

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

30  certification issued by the department or in any contract

31  documents submitted to the department.


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

  2  adopted work program to governmental entities prior to

  3  commencement of the project or project phase when the advance

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

  5  made pursuant to a written agreement between the department

  6  and a governmental entity.

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

  8  the powers and duties expressly granted in this code.

  9         Section 18.  Subsection (1) of section 337.18, Florida

10  Statutes, is amended to read:

11         337.18  Surety bonds; requirement with respect to

12  contract award; defaults; damage assessments.--

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

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

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

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

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

18  nature and nonperformance will not endanger public health,

19  safety, or property. The department may require alternate

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

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

22  in the state. All bonds shall be payable to the department and

23  conditioned for the prompt, faithful, and efficient

24  performance of the contract according to plans and

25  specifications and within the time period specified, and for

26  the prompt payment of all persons furnishing labor, material,

27  equipment, and supplies therefor; however, whenever an

28  improvement, demolition, or removal contract price is $25,000

29  or less, the security may, in the discretion of the bidder, be

30  in the form of a cashier's check, bank money order of any

31  state or national bank, certified check, or postal money


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    CS for CS for SB 1368                          First Engrossed



  1  order. The department shall adopt rules to implement this

  2  subsection. Such rules shall include provisions under which

  3  the department will refuse to accept bonds on contracts when a

  4  surety wrongfully fails or refuses to settle or provide a

  5  defense for claims or actions arising under a contract for

  6  which the surety previously furnished a bond.

  7         Section 19.  Subsection (1) of section 338.155, Florida

  8  Statutes, is amended to read:

  9         338.155  Payment of toll on toll facilities required;

10  exemptions.--

11         (1)  No persons are permitted to use any toll facility

12  without payment of tolls, except employees of the agency

13  operating the toll project when using the toll facility on

14  official state business, state military personnel while on

15  official military business, handicapped persons as provided in

16  this section, persons exempt from toll payment by the

17  authorizing resolution for bonds issued to finance the

18  facility, and persons exempt on a temporary basis where use of

19  such toll facility is required as a detour route. Any Florida

20  highway patrol officer, sheriff, deputy sheriff, or municipal

21  police officer operating a marked official vehicle is exempt

22  from toll payment when on official law enforcement business.

23  The secretary, or the secretary's designee, may suspend the

24  payment of tolls on a toll facility when necessary to assist

25  in emergency evacuation. The failure to pay a prescribed toll

26  constitutes a noncriminal traffic infraction, punishable as a

27  moving violation pursuant to s. 318.18. The department is

28  authorized to adopt rules relating to guaranteed toll

29  accounts.

30         Section 20.  Subsection (2) of section 339.09, Florida

31  Statutes, is amended to read:


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    CS for CS for SB 1368                          First Engrossed



  1         339.09  Use of transportation tax revenues;

  2  restrictions.--

  3         (2)  The department may, in cooperation with the

  4  Federal Government, expend transportation tax revenues

  5  pursuant to rules adopted by the department, for control of

  6  undesirable rodents, relocation assistance, and moving costs

  7  of persons displaced by highway construction and other related

  8  transportation projects to the extent, but only to the extent,

  9  required by federal law to be undertaken by the state to

10  continue to be eligible for federal highway funds.

11         Section 21.  Section 427.013, Florida Statutes, is

12  amended to read:

13         427.013  The Commission for the Transportation

14  Disadvantaged; purpose and responsibilities.--The purpose of

15  the commission is to accomplish the coordination of

16  transportation services provided to the transportation

17  disadvantaged. The goal of this coordination shall be to

18  assure the cost-effective provision of transportation by

19  qualified community transportation coordinators or

20  transportation operators for the transportation disadvantaged

21  without any bias or presumption in favor of multioperator

22  systems or not-for-profit transportation operators over single

23  operator systems or for-profit transportation operators. In

24  carrying out this purpose, the commission shall:

25         (1)  Compile all available information on the

26  transportation operations for and needs of the transportation

27  disadvantaged in the state.

28         (2)  Establish statewide objectives for providing

29  transportation services for the transportation disadvantaged.

30

31


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    CS for CS for SB 1368                          First Engrossed



  1         (3)  Develop policies and procedures for the

  2  coordination of local government, federal, and state funding

  3  for the transportation disadvantaged.

  4         (4)  Identify barriers prohibiting the coordination and

  5  accessibility of transportation services to the transportation

  6  disadvantaged and aggressively pursue the elimination of these

  7  barriers.

  8         (5)  Serve as a clearinghouse for information about

  9  transportation disadvantaged services, training, funding

10  sources, innovations, and coordination efforts.

11         (6)  Assist communities in developing transportation

12  systems designed to serve the transportation disadvantaged.

13         (7)  Assure that all procedures, guidelines, and

14  directives issued by member departments are conducive to the

15  coordination of transportation services.

16         (8)(a)  Assure that member departments purchase all

17  trips within the coordinated system, unless they use a more

18  cost-effective alternative provider.

19         (b)  Provide, by rule, criteria and procedures for

20  member departments to use if they wish to use an alternative

21  provider. Departments must demonstrate either that the

22  proposed alternative provider can provide a trip of acceptable

23  quality for the clients at a lower cost than that provided

24  within the coordinated system, or that the coordinated system

25  cannot accommodate the department's clients.

26         (9)  Develop by rule standards for community

27  transportation coordinators and any transportation operator or

28  coordination contractor from whom service is purchased or

29  arranged by the community transportation coordinator covering

30  coordination, operation, safety, insurance, eligibility for

31  service, costs, and utilization of transportation


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    CS for CS for SB 1368                          First Engrossed



  1  disadvantaged services. These standards and rules must shall

  2  include, but not be limited to:

  3         (a)  Inclusion, by rule, of acceptable ranges of trip

  4  costs for the various modes and types of transportation

  5  services provided.

  6         (b)  Minimum performance standards for the delivery of

  7  services. These standards must should be included in

  8  coordinator contracts and transportation operator contracts

  9  with clear penalties for repeated or continuing violations.

10         (c)  Minimum liability insurance requirements for all

11  transportation services purchased, provided, or coordinated

12  for the transportation disadvantaged through the community

13  transportation coordinator.

14         (10)  Adopt rules pursuant to ss. 120.536(1) and 120.54

15  to implement the provisions of ss. 427.011-427.017.

16         (11)  Approve the appointment of all community

17  transportation coordinators.

18         (12)  Have the authority to apply for and accept funds,

19  grants, gifts, and services from the Federal Government, state

20  government, local governments, or private funding sources.

21  Applications by the commission for local government funds

22  shall be coordinated through the appropriate coordinating

23  board. Funds acquired or accepted under this subsection shall

24  be administered by the commission and shall be used to carry

25  out the commission's responsibilities.

26         (13)  Make an annual report to the Governor, the

27  President of the Senate, and the Speaker of the House of

28  Representatives by January 1 of each year.

29         (14)  Consolidate, for each state agency, the annual

30  budget estimates for transportation disadvantaged services,

31  and the amounts of each agency's actual expenditures, together


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    CS for CS for SB 1368                          First Engrossed



  1  with the annual budget estimates of each official planning

  2  agency, local government, and directly federally funded agency

  3  and issue a report.

  4         (15)  Prepare a statewide 5-year transportation

  5  disadvantaged plan which addresses the transportation problems

  6  and needs of the transportation disadvantaged, which is fully

  7  coordinated with local transit plans, compatible with local

  8  government comprehensive plans, and which ensures that the

  9  most cost-effective and efficient method of providing

10  transportation to the disadvantaged is programmed for

11  development.

12         (16)  Review and approve memorandums of agreement for

13  the provision of coordinated transportation services.

14         (17)  Review, monitor, and coordinate all

15  transportation disadvantaged local government, state, and

16  federal fund requests and plans for conformance with

17  commission policy, without delaying the application process.

18  Such funds shall be available only to those entities

19  participating in an approved coordinated transportation system

20  or entities which have received a commission-approved waiver

21  to obtain all or part of their transportation through another

22  means. This process shall identify procedures for coordinating

23  with the state's intergovernmental coordination and review

24  procedures and s. 216.212(1) and any other appropriate grant

25  review process.

26         (18)  Develop an interagency uniform contracting and

27  billing and accounting system that shall be used by all

28  community transportation coordinators and their transportation

29  operators.

30         (19)  Develop and maintain a transportation

31  disadvantaged manual.


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    CS for CS for SB 1368                          First Engrossed



  1         (20)  Design and develop transportation disadvantaged

  2  training programs.

  3         (21)  Coordinate all transportation disadvantaged

  4  programs with appropriate state, local, and federal agencies

  5  and public transit agencies to ensure compatibility with

  6  existing transportation systems.

  7         (22)  Designate the official planning agency in areas

  8  outside of the purview of a metropolitan planning

  9  organization.

10         (23)  Develop need-based criteria that must be used by

11  all community transportation coordinators to prioritize the

12  delivery of nonsponsored transportation disadvantaged services

13  that are purchased with Transportation Disadvantaged Trust

14  Fund moneys.

15         (24)  Establish a review procedure to compare the rates

16  proposed by alternate transportation operators with the rates

17  charged by a community transportation coordinator to determine

18  which rate is more cost-effective.

19         (25)  Conduct a cost-comparison study of

20  single-coordinator, multicoordinator, and brokered community

21  transportation coordinator networks to ensure that the most

22  cost-effective and efficient method of providing

23  transportation to the transportation disadvantaged is

24  programmed for development.

25         (26)  Develop a quality assurance and management review

26  program to monitor, based upon approved commission standards,

27  services contracted for by an agency, and those provided by a

28  community transportation operator pursuant to s. 427.0155.

29  Staff of the quality assurance and management review program

30  shall function independently and be directly responsible to

31  the executive director.


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  1         (27)  Ensure that local community transportation

  2  coordinators work cooperatively with local WAGES coalitions

  3  established in chapter 414 to provide assistance in the

  4  development of innovative transportation services for WAGES

  5  participants.

  6         Section 22.  Section 427.0135, Florida Statutes, is

  7  amended to read:

  8         427.0135  Member departments; duties and

  9  responsibilities.--Each member department, in carrying out the

10  policies and procedures of the commission, shall:

11         (1)(a)  Use the coordinated transportation system for

12  provision of services to its clients, unless each department

13  meets the criteria outlined in rule to use an alternative

14  provider.

15         (b)  Subject to the provisions of s. 409.908(18), the

16  Medicaid agency shall purchase transportation services through

17  the community coordinated transportation system unless a more

18  cost-effective method is determined by the agency for Medicaid

19  clients or unless otherwise limited or directed by the General

20  Appropriations Act.

21         (2)  Provide the commission, by September 15 of each

22  year, an accounting of all funds spent as well as how many

23  trips were purchased with agency funds.

24         (3)  Assist communities in developing coordinated

25  transportation systems designed to serve the transportation

26  disadvantaged. However, a member department may not serve as

27  the community transportation coordinator in any designated

28  service area.

29         (4)  Assure that its rules, procedures, guidelines, and

30  directives are conducive to the coordination of transportation

31  funds and services for the transportation disadvantaged.


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  1         (5)  Provide technical assistance, as needed, to

  2  community transportation coordinators or transportation

  3  operators or participating agencies.

  4         Section 23.  Subsection (2) of section 427.015, Florida

  5  Statutes, is amended to read:

  6         427.015  Function of the metropolitan planning

  7  organization or designated official planning agency in

  8  coordinating transportation for the transportation

  9  disadvantaged.--

10         (2)  Each metropolitan planning organization or

11  designated official planning agency shall recommend to the

12  commission a single community transportation coordinator.

13  However, a member department may not serve as the community

14  transportation coordinator in any designated service area. The

15  coordinator may provide all or a portion of needed

16  transportation services for the transportation disadvantaged

17  but shall be responsible for the provision of those

18  coordinated services. Based on approved commission evaluation

19  criteria, the coordinator shall subcontract or broker those

20  services that are more cost-effectively and efficiently

21  provided by subcontracting or brokering. The performance of

22  the coordinator shall be evaluated based on the commission's

23  approved evaluation criteria by the coordinating board at

24  least annually. A copy of the evaluation shall be submitted to

25  the metropolitan planning organization or the designated

26  official planning agency, and the commission. The

27  recommendation or termination of any community transportation

28  coordinator shall be subject to approval by the commission.

29         Section 24.  Subsection (3) of section 335.02, Florida

30  Statutes, is amended to read:

31


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    CS for CS for SB 1368                          First Engrossed



  1         335.02  Authority to designate transportation

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

  3  for redesignation and relocation.--

  4         (3)  The department may establish standards for lanes

  5  on the State Highway System, including the Florida Intrastate

  6  Highway System established pursuant to s. 338.001.  In

  7  determining the number of lanes for any regional corridor or

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

  9  the department with state or federal funds, the department

10  shall evaluate all alternatives and seek to achieve the

11  highest degree of efficient mobility for corridor users. In

12  conducting the analysis, the department must give

13  consideration to the following factors consistent with sound

14  engineering principles:

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

16  trade or tourism corridor;

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

18  of the corridor for evacuation purposes;

19         (c)  Cost-effectiveness of alternative methods of

20  increasing the mobility of corridor users;

21         (d)  Current and projected traffic volumes on the

22  corridor;

23         (e)  Multimodal alternatives;

24         (f)  Use of intelligent transportation technology in

25  increasing the efficiency of the corridor;

26         (g)  Compliance with state and federal policies related

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

28  communities, and energy conservation;

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

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

31  interregional traffic lanes;


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    CS for CS for SB 1368                          First Engrossed



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

  2  associated costs, and the most effective use of existing

  3  rights-of-way;

  4         (j)  Regional economic and transportation objectives,

  5  where articulated;

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

  7  government comprehensive plans, as appropriate, including

  8  designated urban infill and redevelopment areas;

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

10  local government comprehensive plans, including designated

11  transportation corridors and public transportation corridors;

12  and

13         (m)  The approved metropolitan planning organization's

14  long-range transportation plan, as appropriate.

15

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

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

18  before the department may determine that the number of lanes

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

20  future alternative forms of transportation within existing or

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

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

23  requirements for such facilities.

24         Section 25.  Subsections (3), (4), and (5) of section

25  335.141, Florida Statutes, are amended to read:

26         335.141  Regulation of public railroad-highway grade

27  crossings; reduction of hazards.--

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

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

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

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


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    CS for CS for SB 1368                          First Engrossed



  1  provisions of chapter 120.  The department shall have the

  2  authority to adopt reasonable rules to carry out the

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

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

  5  order.

  6         (3)(4)  Jurisdiction to enforce such orders shall be as

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

  8  shall be imposed upon the railroad company guilty of such

  9  violation. Nothing herein shall prevent a local governmental

10  entity from enacting ordinances relating to the blocking of

11  streets by railroad engines and cars.

12         (4)(5)  Any local governmental entity or other public

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

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

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

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

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

18  agency and railroad to assure the safety of the railroad

19  trains and the participants in the event.

20         Section 26.  Subsection (4) is added to section 336.41,

21  Florida Statutes, to read:

22         336.41  Counties; employing labor and providing road

23  equipment; definitions.--

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

25  governmental entity or authority may require that persons

26  interested in performing work under the contract first be

27  certified or qualified to do the work.  Any contractor

28  prequalified and eligible to bid by the Department of

29  Transportation to perform the type of work described under the

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

31  so described.  The governmental entity or authority may


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    CS for CS for SB 1368                          First Engrossed



  1  provide an appeal process to overcome that presumption with de

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

  3         (b)  The governmental entity or authority shall publish

  4  prequalification criteria and procedures prior to

  5  advertisement or notice of solicitation.  Such publications

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

  7  criteria and procedures prior to adoption.  The procedures

  8  shall provide for an appeal process within the governmental

  9  entity or authority for objections to the prequalification

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

11  circuit court.

12         (c)  The contracting entity shall also publish for

13  comment, prior to adoption, the selection criteria and

14  procedures to be used by the governmental entity or authority

15  if such procedures would allow selection of other than the

16  lowest responsible bidder.  The selection criteria shall

17  include an appeal process within the contracting entity with

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

19         Section 27.  Subsection (2) of section 336.44, Florida

20  Statutes, is amended to read:

21         336.44  Counties; contracts for construction of roads;

22  procedure; contractor's bond.--

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

24  responsible competent bidder, after publication of notice for

25  bids containing specifications furnished by the commissioners

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

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

28  the making of such contract.

29         Section 28.  Paragraph (a) of subsection (1) of section

30  255.20, Florida Statutes, is amended to read:

31


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  1         255.20  Local bids and contracts for public

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

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

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

  5  state seeking to construct or improve a public building,

  6  structure, or other public construction works must

  7  competitively award to an appropriately licensed contractor

  8  each project that is estimated in accordance with generally

  9  accepted cost-accounting principles to have total construction

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

11  local government must competitively award to an appropriately

12  licensed contractor each project that is estimated in

13  accordance with generally accepted cost-accounting principles

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

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

16  on the submission of sealed bids, proposals submitted in

17  response to a request for proposal, proposals submitted in

18  response to a request for qualifications, or proposals

19  submitted for competitive negotiation. This subsection

20  expressly allows contracts for construction management

21  services, design/build contracts, continuation contracts based

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

23  private sector contractor permitted by any applicable

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

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

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

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

28  construction of the project. Subject to the provisions of

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

30  other political subdivision may establish, by municipal or

31


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    CS for CS for SB 1368                          First Engrossed



  1  county ordinance or special district resolution, procedures

  2  for conducting the bidding process.

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

  4         1.  When the project is undertaken to replace,

  5  reconstruct, or repair an existing facility damaged or

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

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

  8  circumstances, and such damage or destruction creates:

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

10         b.  Other loss to public or private property which

11  requires emergency government action; or

12         c.  An interruption of an essential governmental

13  service.

14         2.  When, after notice by publication in accordance

15  with the applicable ordinance or resolution, the governmental

16  entity does not receive any responsive bids or responses.

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

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

19  the public utility system is performed by personnel of the

20  system.

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

22  by a utility commission whose major contracts are to construct

23  and operate a public electric utility system.

24         5.  When the project is undertaken as repair or

25  maintenance of an existing public facility.

26         6.  When the project is undertaken exclusively as part

27  of a public educational program.

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

29  diminished or lost because the time required to competitively

30  award the project after the funds become available exceeds the

31  time within which the funding source must be spent.


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  1         8.  When the local government has competitively awarded

  2  a project to a private sector contractor and the contractor

  3  has abandoned the project before completion or the local

  4  government has terminated the contract.

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

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

  7  286.011 and finds by a majority vote of the governing board

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

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

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

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

12  final action to apply this subparagraph. The notice must

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

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

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

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

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

18  interest for local government to perform a project using its

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

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

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

22  increase in capital expenditures for public facilities,

23  equipment or other capital assets, the impact on local

24  economic development, the impact on small and minority

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

26  whether the private sector contractors provide health

27  insurance and other benefits equivalent to those provided by

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

29  in the public's best interest.

30         10.  When the governing board of the local government

31  determines upon consideration of specific substantive criteria


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  1  and administrative procedures that it is in the best interest

  2  of the local government to award the project to an

  3  appropriately licensed private sector contractor according to

  4  procedures established by and expressly set forth in a

  5  charter, ordinance, or resolution of the local government

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

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

  8  must be applied uniformly by the local government to avoid

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

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

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

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

13  286.011 and finds by a two-thirds vote of the governing board

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

15  according to the criteria and procedures established by

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

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

18  meeting at which the governing board takes final action to

19  apply this subparagraph.  The notice must identify the

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

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

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

23  the criteria and procedures permitted by the preexisting

24  ordinance.

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

26  method other than a competitive selection process, the

27  governing board must find evidence that:

28         (I)  There is one appropriately licensed contractor who

29  is uniquely qualified to undertake the project because that

30  contractor is currently under contract to perform work that is

31  affiliated with the project; or


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

  2  jeopardize the funding for the project, or will materially

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

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

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

  6  method other than a competitive selection process, the

  7  published notice must clearly specify the ordinance or

  8  resolution by which the private sector contractor will be

  9  selected and the criteria to be considered.

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

11  method other than a competitive selection process, the

12  architect or engineer of record has provided a written

13  recommendation that the project be awarded to the private

14  sector contractor without competitive selection; and the

15  consideration by, and the justification of, the government

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

17  presented to the governing board prior to the approval

18  required in this paragraph.

19         11.  To projects subject to chapter 336.

20         Section 29.  Subsection (9) is added to section 337.14,

21  Florida Statutes, to read:

22         337.14  Application for qualification; certificate of

23  qualification; restrictions; request for hearing.--

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

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

26  pursuant to chapter 348 or chapter 349 may require that

27  persons interested in performing work under the contract first

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

29  prequalified and eligible to bid by the Department of

30  Transportation to perform the type of work described under the

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


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    CS for CS for SB 1368                          First Engrossed



  1  so described.  The governmental entity or authority may

  2  provide an appeal process to overcome that presumption with de

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

  4         (b)  The authority shall publish prequalification

  5  criteria and procedures prior to advertisement or notice of

  6  solicitation.  Such publications shall include notice of a

  7  public hearing for comment on such criteria and procedures

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

  9  process within the authority for objections to the

10  prequalification process with de novo review based on the

11  record below to the circuit court.

12         (c)  The contracting entity shall also publish for

13  comment, prior to adoption, the selection criteria and

14  procedures to be used by the governmental entity or authority

15  if such procedures would allow selection of other than the

16  lowest responsible bidder.  The selection criteria shall

17  include an appeal process within the contracting entity with

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

19  The provisions of this subsection shall only apply to

20  contracts which are advertised for prequalification by an

21  authority on or after July 1, 2000.

22         Section 30.  Paragraph (b) of subsection (1) of section

23  336.025, Florida Statutes, is amended to read:

24         336.025  County transportation system; levy of local

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

26         (1)

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

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

29  3-cent, 4-cent, or 5-cent local option fuel tax upon every

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

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


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    CS for CS for SB 1368                          First Engrossed



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

  2  membership of the governing body of the county or by

  3  referendum.

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

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

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

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

  8  1 of the year of expiration.

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

10  by interlocal agreement with one or more municipalities

11  located therein, representing a majority of the population of

12  the incorporated area within the county, a distribution

13  formula for dividing the entire proceeds of the tax among

14  county government and all eligible municipalities within the

15  county. If no interlocal agreement is adopted before the

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

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

18  interlocal agreement exists, a new interlocal agreement may be

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

20  subparagraph. However, any interlocal agreement agreed to

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

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

23  no circumstances materially or adversely affect the rights of

24  holders of outstanding bonds which are backed by taxes

25  authorized by this paragraph, and the amounts distributed to

26  the county government and each municipality shall not be

27  reduced below the amount necessary for the payment of

28  principal and interest and reserves for principal and interest

29  as required under the covenants of any bond resolution

30  outstanding on the date of establishment of the new interlocal

31  agreement.


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  1         3.  County and municipal governments shall utilize

  2  moneys received pursuant to this paragraph only for

  3  transportation expenditures needed to meet the requirements of

  4  the capital improvements element of an adopted comprehensive

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

  6  construction of new roads, or the reconstruction or

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

  8  graded roads when undertaken in part to relieve or mitigate

  9  existing or potential adverse environmental impacts, shall be

10  deemed to increase capacity and such projects shall be

11  included in the capital improvements element of an adopted

12  comprehensive plan. Expenditures for purposes of this

13  paragraph shall not include routine maintenance of roads.

14         Section 31.  Section 337.025, Florida Statutes, is

15  amended to read:

16         337.025  Innovative highway projects; department to

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

18  a program for highway projects demonstrating innovative

19  techniques of highway construction, maintenance, and finance

20  which have the intended effect of controlling time and cost

21  increases on construction projects.  Such techniques may

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

23  for pavement, safety, and other aspects of highway

24  construction and maintenance; innovative bidding and financing

25  techniques; accelerated construction procedures; and those

26  techniques that have the potential to reduce project life

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

28  must use the existing process to award and administer

29  construction and maintenance contracts.  When specific

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

31  required to adhere to those provisions of law that would


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

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

  3  innovative technique that is inconsistent with another

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

  5  need for the exception and identify what benefits the

  6  traveling public and the affected community are anticipated to

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

  8  million in contracts annually for the purposes authorized by

  9  this section.

10         Section 32.  Paragraph (a) of subsection (7) of section

11  337.11, Florida Statutes, is amended to read:

12         337.11  Contracting authority of department; bids;

13  emergency repairs, supplemental agreements, and change orders;

14  combined design and construction contracts; progress payments;

15  records; requirements of vehicle registration.--

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

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

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

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

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

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

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

23  construction activities may not begin on any portion of such

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

25  easements for the construction of such portion of the project

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

27  railroad crossing or utility agreements applicable to such

28  portion of the project have been executed. Title to

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

30  dedicated to the public or acquired by prescription.

31


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  1         Section 33.  Subsection (4) of section 337.14, Florida

  2  Statutes, is amended to read:

  3         337.14  Application for qualification; certificate of

  4  qualification; restrictions; request for hearing.--

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

  6  prescribed qualifications, the department shall issue to him

  7  or her a certificate of qualification that which, unless

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

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

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

11  department prescribes may prescribe. If In the event the

12  department finds that an application is incomplete or contains

13  inadequate information or information that which cannot be

14  verified, the department may request in writing that the

15  applicant provide the necessary information to complete the

16  application or provide the source from which any information

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

18  comply with the initial written request within a reasonable

19  period of time as specified therein, the department shall

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

21  to comply with the second request within a reasonable period

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

23         Section 34.  Section 337.175, Florida Statutes, is

24  amended to read:

25         337.175  Retainage.--The department may shall provide

26  in its construction contracts for retaining a portion of the

27  amount due a contractor for work that the contractor has

28  completed, until completion and final acceptance of the

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

30  contractors may shall be allowed to substitute securities as

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


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  1  deposit or irrevocable letters of credit approved by the

  2  department comptroller in lieu of retainage.

  3         Section 35.  Subsection (1) of section 338.161, Florida

  4  Statutes, is amended to read:

  5         338.161  Authority of department to advertise and

  6  promote electronic toll collection.--

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

  8  paid advertising, marketing, and promotion of toll facilities

  9  and electronic toll collection products and services.

10  Promotions may include discounts and free products.

11         Section 36.  Subsection (6) of section 338.165, Florida

12  Statutes, is amended to read:

13         338.165  Continuation of tolls.--

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

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

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

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

18         Section 37.  Paragraph (c) of subsection (4) of section

19  339.12, Florida Statutes, is amended to read:

20         339.12  Aid and contributions by governmental entities

21  for department projects; federal aid.--

22         (4)

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

24  agreements under this subsection for a project or project

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

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

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

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

29  a high priority of the governmental entity.  Reimbursement for

30  a project or project phase must be made from funds

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


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  1  other provisions of this subsection apply to agreements

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

  3  amount of project agreements for projects or project phases

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

  5  exceed $100 $50 million.

  6         Section 38.  Paragraph (b) of subsection (4) of section

  7  339.135, Florida Statutes, is amended to read:

  8         339.135  Work program; legislative budget request;

  9  definitions; preparation, adoption, execution, and

10  amendment.--

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

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

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

14  prepared for the State Transportation Trust Fund and other

15  funds managed by the department, unless otherwise provided by

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

17  district work programs and shall set forth all projects by

18  phase to be undertaken during the ensuing fiscal year and

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

20  the liabilities accruing in each fiscal year of the tentative

21  work program may not exceed the revenues available for

22  expenditure during the respective fiscal year based on the

23  cash forecast for that respective fiscal year.

24         2.  The tentative work program shall be developed in

25  accordance with the Florida Transportation Plan required in s.

26  339.155 and must comply with the program funding levels

27  contained in the program and resource plan.

28         3.  The tentative work program must specifically

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

30  separately allocate funds for advanced right-of-way

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


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  1  337.276.  Each right-of-way phase that is to be funded through

  2  these programs shall be specifically identified in the work

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

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

  5  identified.

  6         3.4.  The department may include in the tentative work

  7  program proposed changes to the programs contained in the

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

  9  however, the department shall minimize changes and adjustments

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

11  fiscal years contained in the previous adopted work program

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

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

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

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

16  specifically determines that it is necessary, for specific

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

18  that year.  Such changes and adjustments shall be clearly

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

20  contained in the previous adopted work program and the

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

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

23  program stand as the commitment of the state to undertake

24  transportation projects that local governments may rely on for

25  planning purposes and in the development and amendment of the

26  capital improvements elements of their local government

27  comprehensive plans.

28         4.5.  The tentative work program must include a

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

30  5-year finance plan supporting the tentative work program.

31


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  1         Section 39.  Section 334.035, Florida Statutes, is

  2  amended to read:

  3         334.035  Purpose of transportation code.--The purpose

  4  of the Florida Transportation Code is to establish the

  5  responsibilities of the state, the counties, and the

  6  municipalities in the planning and development of the

  7  transportation systems serving the people of the state and to

  8  assure the development of an integrated, balanced statewide

  9  transportation system. The prevailing principles to be

10  considered in planning and developing these transportation

11  systems are: preserving the existing transportation

12  infrastructure; enhancing Florida's economic competitiveness;

13  and improving travel choices to ensure mobility which enhances

14  economic development through promotion of international trade

15  and interstate and intrastate commerce. This code is necessary

16  for the protection of the public safety and general welfare

17  and for the preservation of all transportation facilities in

18  the state.  The chapters in the code shall be considered

19  components of the total code, and the provisions therein,

20  unless expressly limited in scope, shall apply to all

21  chapters.

22         Section 40.  Section 334.046, Florida Statutes, is

23  amended to read:

24         334.046  Department mission, goals, and objectives.--

25         (1)  The prevailing principles to be considered in

26  planning and developing an integrated, balanced statewide

27  transportation system are: preserving the existing

28  transportation infrastructure; enhancing Florida's economic

29  competitiveness; and improving travel choices to ensure

30  mobility.

31


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  1         (2)(1)  The mission of the Department of Transportation

  2  shall be to provide a safe, interconnected statewide

  3  transportation system for Florida's citizens and visitors that

  4  ensures the mobility of people and goods freight, enhances

  5  while enhancing economic prosperity, and preserves and

  6  sustaining the quality of our environment and communities.

  7         (3)(2)  The department shall document in the Florida

  8  Transportation Plan, in accordance with s. 339.155 and based

  9  upon the prevailing principles of preserving the existing

10  transportation infrastructure, enhancing Florida's economic

11  competitiveness, and improving travel choices to ensure

12  mobility, pursuant to s. 339.155 the goals and objectives that

13  which provide statewide policy guidance for accomplishing the

14  department's mission.

15         (4)(3)  At a minimum, the department's goals shall

16  address the following prevailing principles.:

17         (a)  Preservation.--Protecting the state's

18  transportation infrastructure investment. Preservation

19  includes:

20         1.  Ensuring that 80 percent of the pavement on the

21  State Highway System meets department standards;

22         2.  Ensuring that 90 percent of department-maintained

23  bridges meet department standards; and

24         3.  Ensuring that the department achieves 100 percent

25  of the acceptable maintenance standard on the state highway

26  system.

27         (b)  Economic Competitiveness.--Ensuring that the state

28  has a clear understanding of the economic consequences of

29  transportation investments, and how such investments affect

30  the state's economic competitiveness. The department must

31  develop a macroeconomic analysis of the linkages between


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  1  transportation investment and economic performance, as well as

  2  a method to quantifiably measure the economic benefits of the

  3  district-work-program investments. Such an analysis must

  4  analyze:

  5         1.  The state's and district's economic performance

  6  relative to the competition.

  7         2.  The business environment as viewed from the

  8  perspective of companies evaluating the state as a place in

  9  which to do business.

10         3.  The state's capacity to sustain long-term growth.

11         (c)  Mobility--Ensuring a cost-effective, statewide,

12  interconnected transportation system.

13         (a)  Providing a safe transportation system for

14  residents, visitors, and commerce.

15         (b)  Preservation of the transportation system.

16         (c)  Providing an interconnected transportation system

17  to support Florida's economy.

18         (d)  Providing travel choices to support Florida's

19  communities.

20         Section 41.  Section 339.155, Florida Statutes, is

21  amended to read:

22         339.155  Transportation planning.--

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

24  shall develop and annually update a statewide transportation

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

26  shall be designed so as to be easily read and understood by

27  the general public. The purpose of the Florida Transportation

28  Plan is to establish and define the state's long-range

29  transportation goals and objectives to be accomplished over a

30  period of at least 20 years within the context of the State

31  Comprehensive Plan, and any other statutory mandates and


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  1  authorizations and based upon the prevailing principles of:

  2  preserving the existing transportation infrastructure;

  3  enhancing Florida's economic competitiveness; and improving

  4  travel choices to ensure mobility. The Florida Transportation

  5  Plan shall consider the needs of the entire state

  6  transportation system and examine the use of all modes of

  7  transportation to effectively and efficiently meet such needs.

  8         (2)  SCOPE OF PLANNING PROCESS.--

  9         (a)  The department shall carry out a transportation

10  planning process in conformance with s. 334.046(1) which that

11  provides for consideration of projects and strategies that

12  will:

13         (a)1.  Support the economic vitality of the United

14  States, Florida, and the metropolitan areas, especially by

15  enabling global competitiveness, productivity, and efficiency;

16         (b)2.  Increase the safety and security of the

17  transportation system for motorized and nonmotorized users;

18         (c)3.  Increase the accessibility and mobility options

19  available to people and for freight;

20         (d)4.  Protect and enhance the environment, promote

21  energy conservation, and improve quality of life;

22         (e)5.  Enhance the integration and connectivity of the

23  transportation system, across and between modes throughout

24  Florida, for people and freight;

25         (f)6.  Promote efficient system management and

26  operation; and

27         (g)7.  Emphasize the preservation of the existing

28  transportation system.

29         (b)  Additionally, the department shall consider:

30

31


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  1         1.  With respect to nonmetropolitan areas, the concerns

  2  of local elected officials representing units of general

  3  purpose local government;

  4         2.  The concerns of Indian tribal governments and

  5  federal land management agencies that have jurisdiction over

  6  land within the boundaries of Florida; and

  7         3.  Coordination of transportation plans, programs, and

  8  planning activities with related planning activities being

  9  carried out outside of metropolitan planning areas.

10         (c)  The results of the management systems required

11  pursuant to federal laws and regulations.

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

13  objectives, programs, or requirements.

14         (e)  Strategies for incorporating bicycle

15  transportation facilities and pedestrian walkways in projects

16  where appropriate throughout the state.

17         (f)  International border crossings and access to

18  ports, airports, spaceports, intermodal transportation

19  facilities, major freight distribution routes, national parks,

20  recreation and scenic areas, monuments and historic sites, and

21  military installations.

22         (g)  The transportation needs of nonmetropolitan areas

23  through a process that includes consultation with local

24  elected officials with jurisdiction over transportation.

25         (h)  Consistency of the plan, to the maximum extent

26  feasible, with strategic regional policy plans, metropolitan

27  planning organization plans, and approved local government

28  comprehensive plans so as to contribute to the management of

29  orderly and coordinated community development.

30         (i)  Connectivity between metropolitan areas within the

31  state and with metropolitan areas in other states.


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  1         (j)  Recreational travel and tourism.

  2         (k)  Any state plan developed pursuant to the Federal

  3  Water Pollution Control Act.

  4         (l)  Transportation system management and investment

  5  strategies designed to make the most efficient use of existing

  6  transportation facilities.

  7         (m)  The total social, economic, energy, and

  8  environmental effects of transportation decisions on the

  9  community and region.

10         (n)  Methods to manage traffic congestion and to

11  prevent traffic congestion from developing in areas where it

12  does not yet occur, including methods which reduce motor

13  vehicle travel, particularly single-occupant vehicle travel.

14         (o)  Methods to expand and enhance transit services and

15  to increase the use of such services.

16         (p)  The effect of transportation decisions on land use

17  and land development, including the need for consistency

18  between transportation decisionmaking and the provisions of

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

20  development plans.

21         (q)  Where appropriate, the use of innovative

22  mechanisms for financing projects, including value capture

23  pricing, tolls, and congestion pricing.

24         (r)  Preservation and management of rights-of-way for

25  construction of future transportation projects, including

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

27  future transportation corridors, and identification of those

28  corridors for which action is most needed to prevent

29  destruction or loss.

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

31  transportation system.


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  1         (t)  Methods to enhance the efficient movement of

  2  commercial motor vehicles.

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

  4  engineering of bridges, tunnels, or pavement.

  5         (v)  Investment strategies to improve adjoining state

  6  and local roads that support rural economic growth and tourism

  7  development, federal agency renewable resources management,

  8  and multipurpose land management practices, including

  9  recreation development.

10         (w)  The concerns of Indian tribal governments having

11  jurisdiction over lands within the boundaries of the state.

12         (x)  A seaport or airport master plan, which has been

13  incorporated into an approved local government comprehensive

14  plan, and the linkage of transportation modes described in

15  such plan which are needed to provide for the movement of

16  goods and passengers between the seaport or airport and the

17  other transportation facilities.

18         (y)  The spaceport master plan approved by the

19  Spaceport Florida Authority.

20         (z)  The joint use of transportation corridors and

21  major transportation facilities for alternate transportation

22  and community uses.

23         (aa)  The integration of any proposed system into all

24  other types of transportation facilities in the community.

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

26  Transportation Plan shall be a unified, concise planning

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

28  transportation goals and objectives and documents the

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

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

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


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

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

  3  the following components:

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

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

  6  department's findings from its examination of the criteria

  7  listed in subsection (2) and s. 334.046(1).  The long-range

  8  component must be developed in cooperation with the

  9  metropolitan planning organizations and reconciled, to the

10  maximum extent feasible, with the long-range plans developed

11  by metropolitan planning organizations pursuant to s. 339.175.

12  The plan must also be developed in consultation with affected

13  local officials in nonmetropolitan areas and with any affected

14  Indian tribal governments. The plan must provide an

15  examination of transportation issues likely to arise during at

16  least a 20-year period. The long-range component shall be

17  updated at least once every 5 years, or more often as

18  necessary, to reflect substantive changes to federal or state

19  law.

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

21  objectives and strategies necessary to implement the goals and

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

23  The short-range component must define the relationship between

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

25  those objectives against which the department's achievement of

26  such goals will be measured, and identify transportation

27  strategies necessary to efficiently achieve the goals and

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

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

30  strategic information resource management plan, and the work

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


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

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

  3  consistent with the requirements of s. 186.022 and consistent

  4  with available and forecasted state and federal funds. In

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

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

  7  Transportation Commission.

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

  9  develop an annual performance report evaluating the operation

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

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

12  include a summary of the financial operations of the

13  department and shall annually evaluate how well the adopted

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

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

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

17  performance report shall also be submitted to the Florida

18  Transportation Commission and the legislative appropriations

19  and transportation committees.

20         (5)  ADDITIONAL TRANSPORTATION PLANS.--

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

22  department may in its discretion develop and design

23  transportation corridors, arterial and collector streets,

24  vehicular parking areas, and other support facilities which

25  are consistent with the plans of the department for major

26  transportation facilities.  The department may render to local

27  governmental entities or their planning agencies such

28  technical assistance and services as are necessary so that

29  local plans and facilities are coordinated with the plans and

30  facilities of the department.

31


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

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

  3  an element of its strategic regional policy plan,

  4  transportation goals and policies. The transportation goals

  5  and policies must be prioritized to comply with the prevailing

  6  principles provided in subsection (2) and s. 334.046(1). The

  7  transportation goals and policies shall be consistent, to the

  8  maximum extent feasible, with the goals and policies of the

  9  metropolitan planning organization and the Florida

10  Transportation Plan.  The transportation goals and policies of

11  the regional planning council will be advisory only and shall

12  be submitted to the department and any affected metropolitan

13  planning organization for their consideration and comments.

14  Metropolitan planning organization plans and other local

15  transportation plans shall be developed consistent, to the

16  maximum extent feasible, with the regional transportation

17  goals and policies.  The regional planning council shall

18  review urbanized area transportation plans and any other

19  planning products stipulated in s. 339.175 and provide the

20  department and respective metropolitan planning organizations

21  with written recommendations which the department and the

22  metropolitan planning organizations shall take under

23  advisement.  Further, the regional planning councils shall

24  directly assist local governments which are not part of a

25  metropolitan area transportation planning process in the

26  development of the transportation element of their

27  comprehensive plans as required by s. 163.3177.

28         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

29  TRANSPORTATION PLANNING.--

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

31  of the Florida Transportation Plan and prior to substantive


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  1  revisions, the department shall provide citizens, affected

  2  public agencies, representatives of transportation agency

  3  employees, other affected employee representatives, private

  4  providers of transportation, and other known interested

  5  parties with an opportunity to comment on the proposed plan or

  6  revisions. These opportunities shall include, at a minimum,

  7  publishing a notice in the Florida Administrative Weekly and

  8  within a newspaper of general circulation within the area of

  9  each department district office.

10         (b)  During development of major transportation

11  improvements, such as those increasing the capacity of a

12  facility through the addition of new lanes or providing new

13  access to a limited or controlled access facility or

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

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

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

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

18  of and commitment to a specific design proposal for the

19  proposed facility. Such public hearings shall be conducted so

20  as to provide an opportunity for effective participation by

21  interested persons in the process of transportation planning

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

23  design of transportation facilities. The various factors

24  involved in the decision or decisions and any alternative

25  proposals shall be clearly presented so that the persons

26  attending the hearing may present their views relating to the

27  decision or decisions which will be made.

28         (c)  Opportunity for design hearings:

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

30  shall duly notify notice all affected property owners of

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


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

  2  The affected property owners shall be:

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

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

  5  proposed facility.

  6         b.  Those whom who the department determines will be

  7  substantially affected environmentally, economically,

  8  socially, or safetywise.

  9         2.  For each subsequent hearing, the department shall

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

11  hearing date in a newspaper of general circulation for the

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

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

14  days, before the hearing

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

16  must shall be furnished to the United States Department of

17  Transportation and to the appropriate departments of the state

18  government at the time of publication.

19         4.  The opportunity for another hearing shall be

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

21  changed from those presented in the notices specified above or

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

23  economic, or environmental effect.

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

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

26  hearing is required.

27         Section 42.  Subsections (1) through (6) and paragraph

28  (a) of subsection (7) of section 339.175, Florida Statutes, is

29  amended to read:

30         339.175  Metropolitan planning organization.--It is the

31  intent of the Legislature to encourage and promote the safe


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  1  and efficient management, operation, and development of

  2  surface transportation systems that will serve the mobility

  3  needs of people and freight within and through urbanized areas

  4  of this state while minimizing transportation-related fuel

  5  consumption and air pollution. To accomplish these objectives,

  6  metropolitan planning organizations, referred to in this

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

  8  state and public transit operators, transportation plans and

  9  programs for metropolitan areas. The plans and programs for

10  each metropolitan area must provide for the development and

11  integrated management and operation of transportation systems

12  and facilities, including pedestrian walkways and bicycle

13  transportation facilities that will function as an intermodal

14  transportation system for the metropolitan area, based upon

15  the prevailing principles provided in s. 334.046(1).  The

16  process for developing such plans and programs shall provide

17  for consideration of all modes of transportation and shall be

18  continuing, cooperative, and comprehensive, to the degree

19  appropriate, based on the complexity of the transportation

20  problems to be addressed.

21         (1)  DESIGNATION.--

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

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

24  agreement between the Governor and units of general-purpose

25  local government representing at least 75 percent of the

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

27  general-purpose local government that represents the central

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

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

30  such agreement.

31


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

  2  existing metropolitan planning area only if the Governor and

  3  the existing M.P.O. determine that the size and complexity of

  4  the existing metropolitan planning area makes the designation

  5  of more than one M.P.O. for the area appropriate.

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

  7  the provisions of this section pursuant to an interlocal

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

  9  to the interlocal agreement shall be the department and the

10  governmental entities designated by the Governor for

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

12  section and s. 163.01, this section prevails.

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

14  be determined by agreement between the Governor and the

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

16  metropolitan planning area, which is the existing urbanized

17  area and the contiguous area expected to become urbanized

18  within a 20-year forecast period, and may encompass the entire

19  metropolitan statistical area or the consolidated metropolitan

20  statistical area.

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

22  nonattainment area for ozone or carbon monoxide under the

23  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

24  the metropolitan planning area in existence as of the date of

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

26  boundaries may be adjusted by agreement of the Governor and

27  affected metropolitan planning organizations in the manner

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

29  authority within a metropolitan area or an area that is

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

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


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  1  state in the coordination of plans and programs required by

  2  this section.

  3

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

  5  operative no later than 6 months following its designation.

  6         (2)  VOTING MEMBERSHIP.--

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

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

  9  exact number to be determined on an equitable

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

11  agreement among the affected units of general-purpose local

12  government as required by federal rules and regulations. The

13  Governor, in accordance with 23 U.S.C. s. 134, may also

14  provide for M.P.O. members who represent municipalities to

15  alternate with representatives from other municipalities

16  within the metropolitan planning area that do not have members

17  on the M.P.O. County commission members shall compose not less

18  than one-third of the M.P.O. membership, except for an M.P.O.

19  with more than 15 members located in a county with a

20  five-member county commission or an M.P.O. with 19 members

21  located in a county with no more than 6 county commissioners,

22  in which case county commission members may compose less than

23  one-third percent of the M.P.O. membership, but all county

24  commissioners must be members. All voting members shall be

25  elected officials of general-purpose governments, except that

26  an M.P.O. may include, as part of its apportioned voting

27  members, a member of a statutorily authorized planning board,

28  an official of an agency that operates or administers a major

29  mode of transportation, or an official of the Spaceport

30  Florida Authority.  The county commission shall compose not

31  less than 20 percent of the M.P.O. membership if an official


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  1  of an agency that operates or administers a major mode of

  2  transportation has been appointed to an M.P.O.

  3         (b)  In metropolitan areas in which authorities or

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

  5  transportation functions that are not under the jurisdiction

  6  of a general purpose local government represented on the

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

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

  9  agencies are to be represented by elected officials from

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

11  a process by which the collective interests of such

12  authorities or other agencies are expressed and conveyed.

13         (c)  Any other provision of this section to the

14  contrary notwithstanding, a chartered county with over 1

15  million population may elect to reapportion the membership of

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

17  charter county may exercise the provisions of this paragraph

18  if:

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

20  three-fourths vote of its membership;

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

22  the reapportionment plan is needed to fulfill specific goals

23  and policies applicable to that metropolitan planning area;

24  and

25         3.  The charter county determines the reapportionment

26  plan otherwise complies with all federal requirements

27  pertaining to M.P.O. membership.

28

29  Any charter county that elects to exercise the provisions of

30  this paragraph shall notify the Governor in writing.

31


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  1         (d)  Any other provision of this section to the

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

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

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

  5  jurisdiction is wholly contained within the county.  Any

  6  charter county that elects to exercise the provisions of this

  7  paragraph shall so notify the Governor in writing.  Upon

  8  receipt of such notification, the Governor must designate the

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

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

11  be an elected official representing a municipality within the

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

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

14  office and who resides in the unincorporated portion of the

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

16         (3)  APPORTIONMENT.--

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

18  affected units of general-purpose local government as required

19  by federal rules and regulations, apportion the membership on

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

21  within the area and shall prescribe a method for appointing

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

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

24  appointed alternate member must be an elected official serving

25  the same governmental entity or a general-purpose local

26  government with jurisdiction within all or part of the area

27  that the regular member serves.  The governmental entity so

28  designated shall appoint the appropriate number of members to

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

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

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


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  1  necessary.  The Governor shall review the composition of the

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

  3  prepared by the United States Department of Commerce, Bureau

  4  of the Census, and reapportion it as necessary to comply with

  5  subsection (2).

  6         (b)  Except for members who represent municipalities on

  7  the basis of alternating with representatives from other

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

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

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

11  the basis of alternating with representatives from other

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

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

14  as further provided in the interlocal agreement described in

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

16  official automatically terminates upon the member's leaving

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

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

19  of a county or city governing entity represented by the

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

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

22  additional 4-year terms.

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

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

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

26  made by the Governor from the eligible representatives of that

27  governmental entity.

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

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

30  cooperative, and comprehensive transportation planning process

31  that, based upon the prevailing principles provided in s.


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  1  334.046(1), results in the development of plans and programs

  2  which are consistent, to the maximum extent feasible, with the

  3  approved local government comprehensive plans of the units of

  4  local government the boundaries of which are within the

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

  6  for cooperative decisionmaking by officials of the affected

  7  governmental entities in the development of the plans and

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

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

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

11  this section or incorporated in an interlocal agreement

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

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

14  subsequently applicable, which are necessary to qualify for

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

16  shall be involved in the planning and programming of

17  transportation facilities, including, but not limited to,

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

19  intermodal facilities, to the extent permitted by state or

20  federal law.

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

22  department, develop:

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

24  requirements of subsection (6);

25         2.  An annually updated transportation improvement

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

27         3.  An annual unified planning work program pursuant to

28  the requirements of subsection (8).

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

30  and the transportation improvement program required under

31


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

  2  projects and strategies that will:

  3         1.  Support the economic vitality of the metropolitan

  4  area, especially by enabling global competitiveness,

  5  productivity, and efficiency;

  6         2.  Increase the safety and security of the

  7  transportation system for motorized and nonmotorized users;

  8         3.  Increase the accessibility and mobility options

  9  available to people and for freight;

10         4.  Protect and enhance the environment, promote energy

11  conservation, and improve quality of life;

12         5.  Enhance the integration and connectivity of the

13  transportation system, across and between modes, for people

14  and freight;

15         6.  Promote efficient system management and operation;

16  and

17         7.  Emphasize the preservation of the existing

18  transportation system.

19         (c)  Additionally, each M.P.O. shall consider:

20         1.  The consistency of transportation planning with

21  applicable federal, state, and local energy conservation

22  programs, goals, and objectives;

23         2.  The likely effect of transportation policy

24  decisions on land use and development and the consistency of

25  transportation plans and programs with all applicable

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

27         3.  The preservation of rights-of-way for construction

28  of future transportation projects, including the

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

30  future transportation corridors and the identification of

31


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  1  corridors for which action is most needed to prevent

  2  destruction or loss;

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

  4  environmental effects of transportation decisions; and

  5         5.  Available methods to expand or enhance transit

  6  services and increase the use of such services.

  7         6.  The possible allocation of capital investments to

  8  increase security for transit systems.

  9         (c)(d)  In order to provide recommendations to the

10  department and local governmental entities regarding

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

12         1.  Prepare a congestion management system for the

13  metropolitan area and cooperate with the department in the

14  development of all other transportation management systems

15  required by state or federal law;

16         2.  Assist the department in mapping transportation

17  planning boundaries required by state or federal law;

18         3.  Assist the department in performing its duties

19  relating to access management, functional classification of

20  roads, and data collection;

21         4.  Execute all agreements or certifications necessary

22  to comply with applicable state or federal law;

23         5.  Represent all the jurisdictional areas within the

24  metropolitan area in the formulation of transportation plans

25  and programs required by this section; and

26         6.  Perform all other duties required by state or

27  federal law.

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

29  committee that includes planners; engineers; representatives

30  of local aviation authorities, port authorities, and public

31  transit authorities or representatives of aviation


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  1  departments, seaport departments, and public transit

  2  departments of municipal or county governments, as applicable;

  3  the school superintendent of each county within the

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

  5  and other appropriate representatives of affected local

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

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

  8  committee is responsible for  considering safe access to

  9  schools in its review of transportation project priorities,

10  long-range transportation plans, and transportation

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

12  matters. In addition, the technical advisory committee shall

13  coordinate its actions with local school boards and other

14  local programs and organizations within the metropolitan area

15  which participate in school safety activities, such as locally

16  established community traffic safety teams. Local school

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

18  concerning future school sites and in the coordination of

19  transportation service. identifying projects contained in the

20  long-range transportation plan or transportation improvement

21  program which deserve to be classified as a school safety

22  concern. Upon receipt of the recommendation from the technical

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

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

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

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

27  local governmental entity responsible for the project must

28  consider at least two alternatives before making a decision

29  about project location or alignment.

30         (e)(f)1.  Each M.P.O. shall appoint a citizens'

31  advisory committee, the members of which serve at the pleasure


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  1  of the M.P.O. The membership on the citizens' advisory

  2  committee must reflect a broad cross section of local

  3  residents with an interest in the development of an efficient,

  4  safe, and cost-effective transportation system. Minorities,

  5  the elderly, and the handicapped must be adequately

  6  represented.

  7         2.  Notwithstanding the provisions of subparagraph 1.,

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

  9  applicable federal governmental agency, adopt an alternative

10  program or mechanism to ensure citizen involvement in the

11  transportation planning process.

12         (f)(g)  The department shall allocate to each M.P.O.,

13  for the purpose of accomplishing its transportation planning

14  and programming duties, an appropriate amount of federal

15  transportation planning funds.

16         (g)(h)  Each M.P.O. may employ personnel or may enter

17  into contracts with local or state agencies, private planning

18  firms, or private engineering firms to accomplish its

19  transportation planning and programming duties required by

20  state or federal law.

21         (h)  Any group of M.P.O.'s which has created a chair's

22  coordinating committee as of the effective date of this act

23  and is located within the same Department of Transportation

24  District which is comprised of four adjacent M.P.O.'s must

25  continue such committee as provided for in this section. Such

26  committee must also include one representative from each

27  M.P.O. contiguous to the geographic boundaries of the original

28  committee. The committee must, at a minimum:

29         1.  Coordinate transportation projects deemed to be

30  regionally significant by the committee.

31


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  1         2.  Review the impact of regionally significant land

  2  use decisions on the region.

  3         3. Review all proposed regionally significant

  4  transportation projects in the respective transportation

  5  improvement programs which affect more than one of the

  6  M.P.O.'s represented on the committee.

  7         4.  Institute a conflict resolution process to address

  8  any conflict that may arise in the planning and programming of

  9  such regionally significant projects.

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

11  develop a long-range transportation plan that addresses at

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

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

14  other state and federal requirements. The prevailing

15  principles to be considered in the long-range transportation

16  plan are: preserving the existing transportation

17  infrastructure; enhancing Florida's economic competitiveness;

18  and improving travel choices to ensure mobility. The

19  long-range transportation plan must be consistent, to the

20  maximum extent feasible, with future land use elements and the

21  goals, objectives, and policies of the approved local

22  government comprehensive plans of the units of local

23  government located within the jurisdiction of the M.P.O. The

24  approved long-range transportation plan must be considered by

25  local governments in the development of the transportation

26  elements in local government comprehensive plans and any

27  amendments thereto. The long-range transportation plan must,

28  at a minimum:

29         (a)  Identify transportation facilities, including, but

30  not limited to, major roadways, airports, seaports,

31  spaceports, commuter rail systems, transit systems, and


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  1  intermodal or multimodal terminals that will function as an

  2  integrated metropolitan transportation system.  The long-range

  3  transportation plan must give emphasis to those transportation

  4  facilities that serve national, statewide, or regional

  5  functions, and must consider the goals and objectives

  6  identified in the Florida Transportation Plan as provided in

  7  s. 339.155. If a project is located within the boundaries of

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

  9  regarding the project in the long-range transportation plan.

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

11  plan can be implemented, indicating resources from public and

12  private sources which are reasonably expected to be available

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

14  strategies for needed projects and programs. The financial

15  plan may include, for illustrative purposes, additional

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

17  transportation plan if reasonable additional resources beyond

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

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

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

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

22  implementation. Innovative financing techniques may be used to

23  fund needed projects and programs.  Such techniques may

24  include the assessment of tolls, the use of value capture

25  financing, or the use of value pricing.

26         (c)  Assess capital investment and other measures

27  necessary to:

28         1.  Ensure the preservation of the existing

29  metropolitan transportation system including requirements for

30  the operation, resurfacing, restoration, and rehabilitation of

31  major roadways and requirements for the operation,


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  1  maintenance, modernization, and rehabilitation of public

  2  transportation facilities; and

  3         2.  Make the most efficient use of existing

  4  transportation facilities to relieve vehicular congestion and

  5  maximize the mobility of people and goods.

  6         (d)  Indicate, as appropriate, proposed transportation

  7  enhancement activities, including, but not limited to,

  8  pedestrian and bicycle facilities, scenic easements,

  9  landscaping, historic preservation, mitigation of water

10  pollution due to highway runoff, and control of outdoor

11  advertising.

12         (e)  In addition to the requirements of paragraphs

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

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

15  must coordinate the development of the long-range

16  transportation plan with the State Implementation Plan

17  developed pursuant to the requirements of the federal Clean

18  Air Act.

19

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

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

22  representatives of transportation agency employees, freight

23  shippers, providers of freight transportation services,

24  private providers of transportation, representatives of users

25  of public transit, and other interested parties with a

26  reasonable opportunity to comment on the long-range

27  transportation plan. The long-range transportation plan must

28  be approved by the M.P.O.

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

30  shall, in cooperation with the state and affected public

31  transportation operators, develop a transportation improvement


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

  2  the development of the transportation improvement program,

  3  each M.P.O. must provide the public, affected public agencies,

  4  representatives of transportation agency employees, freight

  5  shippers, providers of freight transportation services,

  6  private providers of transportation, representatives of users

  7  of public transit, and other interested parties with a

  8  reasonable opportunity to comment on the proposed

  9  transportation improvement program.

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

11  annually, a list of project priorities and a transportation

12  improvement program. The prevailing principles to be

13  considered by each M.P.O. when developing a list of project

14  priorities and a transportation improvement program are:

15  preserving the existing transportation infrastructure;

16  enhancing Florida's economic competitiveness; and improving

17  travel choices to ensure mobility. The transportation

18  improvement program will be used to initiate federally aided

19  transportation facilities and improvements as well as other

20  transportation facilities and improvements including transit,

21  rail, aviation, spaceport, and port facilities to be funded

22  from the State Transportation Trust Fund within its

23  metropolitan area in accordance with existing and subsequent

24  federal and state laws and rules and regulations related

25  thereto.  The transportation improvement program shall be

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

27  local government comprehensive plans of the units of local

28  government whose boundaries are within the metropolitan area

29  of the M.P.O.

30         Section 43.  Subsection (5) of section 341.051, Florida

31  Statutes, is amended to read:


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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 44.  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 45.  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 46.  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.


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  1         Section 47.  Paragraph (a) of subsection (6) of section

  2  332.007, Florida Statutes, is amended to read:

  3         332.007  Administration and financing of aviation and

  4  airport programs and projects; state plan.--

  5         (6)  Subject to the availability of appropriated funds,

  6  the department may participate in the capital cost of eligible

  7  public airport and aviation development projects in accordance

  8  with the following rates, unless otherwise provided in the

  9  General Appropriations Act or the substantive bill

10  implementing the General Appropriations Act:

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

12  portion of eligible project costs which are not funded by the

13  Federal Government, except that the department may initially

14  fund up to 75 percent of the cost of land acquisition for a

15  new airport or for the expansion of an existing airport which

16  is owned and operated by a municipality, a county, or an

17  authority, and shall be reimbursed to the normal statutory

18  project share when federal funds become available or within 10

19  years after the date of acquisition, whichever is earlier.

20  However, the reimbursement period for general aviation

21  airports may be extended by mutual agreement of the department

22  and the municipality, county, or authority that owns or

23  operates the airport. Due to federal budgeting constraints,

24  the department may also initially fund the federal portion of

25  eligible project costs subject to:

26         1.  The department receiving adequate assurance from

27  the Federal Government or local sponsor that this amount will

28  be reimbursed to the department; and

29         2.  The department having adequate funds in the work

30  program to fund the project.

31


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  1  Such projects must be contained in the Federal Government's

  2  Airport Capital Improvement Program, and the Federal

  3  Government must fund, or have funded, the first year of the

  4  project.

  5         Section 48.  Subsection (2) of section 479.15, Florida

  6  Statutes, is amended, present subsections (3) through (6) of

  7  that section are renumbered subsections (5) through (8),

  8  respectively, new subsections (3) and (4) are added to that

  9  section, and present subsection (6) is amended, to read:

10         479.15  Harmony of regulations.--

11         (2)  A municipality, county, local zoning authority, or

12  other local governmental entity may not remove, or cause to be

13  removed, any lawfully erected sign along any portion of the

14  interstate or federal-aid primary highway system, or any other

15  highway or road, without first paying just compensation for

16  such removal. A local governmental entity may not cause in any

17  way the alteration of any lawfully erected sign located along

18  any portion of the interstate or federal-aid primary highway

19  system, or any other highway or road, without payment of just

20  compensation if such alteration constitutes a taking under

21  state law. The municipality, county, local zoning authority,

22  or other local government entity promulgating requirements for

23  such alteration must be responsible for payment of just

24  compensation to the sign owner if such alteration constitutes

25  a taking under state law. This subsection applies only to a

26  lawfully erected sign the subject matter of which relates to

27  premises other than the premises on which it is located or to

28  merchandise, services, activities, or entertainment not sold,

29  produced, manufactured, or furnished on the premises on which

30  the sign is located. For purposes of this subsection, the term

31  "federal-aid primary highway system" means the federal-aid


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  1  primary system in existence on June 1, 1991, and any highway

  2  which was not on such system but which is now on the national

  3  highway system. This subsection shall not be interpreted as

  4  explicit or implicit legislative recognition that alterations

  5  do or do not constitute a taking under state law.

  6         (3)  Effective upon this act becoming a law, the Office

  7  of Program Policy Analysis and Governmental Accountability, in

  8  consultation with the Legislative Committee on

  9  Intergovernmental Relations, shall conduct a study to

10  determine the economic impact on local governments of

11  providing just compensation or requiring the removal or

12  alteration of a lawfully erected sign as provided in this act.

13  The office shall examine all relevant information regarding

14  the provision of just compensation including, but not limited

15  to, the experience of the state and any of its agencies in

16  removing lawfully erected signs and providing just

17  compensation. The office shall present a report of its

18  findings and recommendations to the President of the Senate,

19  the Speaker of the House of Representatives, Minority Leaders

20  of the Senate and House of Representatives, and the chairs of

21  the House of Representatives and Senate Transportation

22  Committees, the House of Representatives Community Affairs

23  Committee and the Senate Comprehensive Planning, Local and

24  Military Affairs Committee by July 1, 2001.

25         (4)  Nothing contained herein shall affect or impair

26  the provisions of any agreement in existence on July 1, 2001,

27  executed by a municipality, county, local zoning authority, or

28  other local governmental entity and the owner of a lawfully

29  erected sign or signs.

30         (8)(6)  The provisions of subsections (3), (4), and

31  (5), (6), and (7) of this section shall not apply within the


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  1  jurisdiction of any municipality which is engaged in any

  2  litigation concerning its sign ordinance on April 23, 1999,

  3  nor shall such provisions apply to any municipality whose

  4  boundaries are identical to the county within which said

  5  municipality is located.

  6         Section 49.  This act shall take effect upon becoming a

  7  law.

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