Senate Bill 0772er

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  1

  2         An act relating to the Department of

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

  4         authorizing the Department of Transportation to

  5         adopt rules for the delegation of authority

  6         beyond the assistant secretaries; providing for

  7         a change in administrative duties; providing

  8         additional responsibilities of the Florida

  9         Transportation Commission; amending s.

10         206.8745, F.S.; providing for a refund of tax

11         paid on undyed diesel fuel consumed by the

12         engine of a qualified motor coach during idle

13         time for certain purposes; defining "motor

14         coach"; providing restrictions on refunds;

15         providing for proper documentation; granting

16         the Department of Revenue authority to adopt

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

18         use of certain seaport funds; providing for a

19         final audit of funds; amending s. 311.09, F.S.;

20         providing overrule authority to certain state

21         agencies; providing voting membership to

22         certain state agencies; providing for

23         expenditure of moneys derived from the Florida

24         Seaport Transportation and Economic Development

25         Program; amending s. 320.20, F.S.; authorizing

26         revenue to be pledged to the payment of certain

27         bonds under certain circumstances; amending s.

28         334.044, F.S.; authorizing the department to

29         purchase promotional items for use in certain

30         public awareness programs; authorizing the

31         department to adopt rules relating to approval


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  1         of material sources; amending s. 334.187, F.S.;

  2         authorizing the department to adopt rules

  3         relating to the use of prepaid escrow accounts;

  4         amending s. 335.02, F.S.; providing a maximum

  5         lane policy; amending s. 336.025, F.S.;

  6         revising language with respect to the local

  7         option fuel tax to authorize county and

  8         municipal governments to use the funds for

  9         certain purposes; amending s. 337.025, F.S.;

10         authorizing highway maintenance projects to be

11         included in the innovative highway program;

12         amending ss. 334.035 and 334.046, F.S.;

13         providing prevailing principles for planning

14         and developing transportation systems; amending

15         s. 337.175, F.S.; providing for retainage

16         flexibility; amending s. 337.18, F.S.;

17         authorizing the department to adopt rules

18         relating to surety bonds; amending s. 338.155,

19         F.S.; authorizing the department to adopt rules

20         with respect to guaranteed toll accounts;

21         amending s. 338.161, F.S.; authorizing the

22         department to incur advertising expenses for

23         the promotion of toll facilities; amending s.

24         338.165, F.S.; providing that certain high

25         occupancy toll lanes or express lanes may be

26         continued under certain circumstances; amending

27         s. 339.09, F.S.; authorizing the department to

28         adopt rules relating to the expenditure of

29         transportation revenues; amending s. 339.155,

30         F.S.; clarifying the public participation

31         process in transportation planning; conforming


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  1         provisions to federal requirements; providing

  2         prevailing principles; deleting certain

  3         planning factors; amending s. 339.175, F.S.;

  4         providing duties of the metropolitan planning

  5         Technical Advisory Committee; providing for a

  6         coordinating committee in certain M.P.O.'s;

  7         providing prevailing principles for planning

  8         and developing transportation systems for

  9         metropolitan planning organizations; deleting

10         certain planning factors; amending s. 343.56,

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

12         funds to pay principal and interest on bonds;

13         amending s. 343.63, F.S.; increasing the number

14         of members appointed to the Central Florida

15         Regional Transportation Authority by the

16         Governor and providing that the member selected

17         by the department be a nonvoting member;

18         amending s. 343.64, F.S.; authorizing the board

19         to enter into a partnership with any county

20         which is contiguous to the existing service

21         area; prohibiting the Central Florida Regional

22         Transportation Authority from hiring a

23         permanent executive director until appointments

24         to the authority's governing board have been

25         filled; amending s. 427.013, F.S.; authorizing

26         the Commission for the Transportation

27         Disadvantaged to adopt rules relating to

28         development of operational standards; amending

29         s. 427.0135, F.S.; granting authority for rules

30         adopted by the commission relating to member

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


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  1         granting authority for rules adopted by the

  2         commission to community transportation

  3         coordinators; amending s. 479.01, F.S.;

  4         revising the definition of the term "premises";

  5         amending s. 479.16, F.S.; revising language

  6         with respect to signs for which permits are not

  7         required; creating s. 552.30, F.S., relating to

  8         construction materials mining activities;

  9         providing authority of the State Fire Marshal;

10         providing for the State Fire Marshal to

11         establish certain limits; creating s. 325.205,

12         F.S.; directing the Department of Environmental

13         Protection to submit a revision to Florida's

14         State Implementation Plan to the United States

15         Environmental Protection Agency; repealing ss.

16         325.001, 325.201, 325.202, 325.203, 325.204,

17         325.206, 325.207, 325.2075, 325.208, 325.209,

18         325.210, 325.211, 325.212, 325.213, 325.2135,

19         325.214, 325.215, 325.216, 325.217, 325.218,

20         and 325.219, F.S., which provide for inspection

21         of motor vehicle exhaust emissions; amending

22         ss. 316.2935 and 320.055, F.S.; correcting

23         cross-references to conform to the act;

24         providing effective dates.

25

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

27

28         Section 1.  Paragraph (c) of subsection (1), paragraph

29  (b) of subsection (2), and paragraphs (c) and (d) of

30  subsection (3) of section 20.23, Florida Statutes, are amended

31  to read:


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  1         20.23  Department of Transportation.--There is created

  2  a Department of Transportation which shall be a decentralized

  3  agency.

  4         (1)

  5         (c)  The secretary shall appoint three assistant

  6  secretaries who shall be directly responsible to the secretary

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

  8  section and such other duties as are assigned by the

  9  secretary.  The secretary may delegate to any assistant

10  secretary the authority to act in the absence of the

11  secretary. The department has the authority to adopt rules

12  necessary for the delegation of authority beyond the assistant

13  secretaries. The assistant secretaries shall serve at the

14  pleasure of the secretary.

15         (2)

16         (b)  The commission shall have the primary functions

17  to:

18         1.  Recommend major transportation policies for the

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

20  revisions thereto are properly executed.

21         2.  Periodically review the status of the state

22  transportation system including highway, transit, rail,

23  seaport, intermodal development, and aviation components of

24  the system and recommend improvements therein to the Governor

25  and the Legislature.

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

27  department budget request, the Florida Transportation Plan,

28  and the tentative work program for compliance with all

29  applicable laws and established departmental policies. Except

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

31  the commission may not consider individual construction


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  1  projects, but shall consider methods of accomplishing the

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

  3  businesslike manner.

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

  5  regular basis to assure that the department is managing

  6  revenue and bond proceeds responsibly and in accordance with

  7  law and established policy.

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

  9  efficiency, productivity, and management of the department,

10  using performance and production standards developed by the

11  commission pursuant to s. 334.045.

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

13  causing disruption of project schedules in the adopted work

14  program and recommend to the Legislature and the Governor

15  methods to eliminate or reduce the disruptive effects of these

16  factors.

17         7.  Recommend to the Governor and the Legislature

18  improvements to the department's organization in order to

19  streamline and optimize the efficiency of the department. In

20  reviewing the department's organization, the commission shall

21  determine if the current district organizational structure is

22  responsive to Florida's changing economic and demographic

23  development patterns.  The initial report by the commission

24  must be delivered to the Governor and Legislature by December

25  15, 2000, and each year thereafter, as appropriate. The

26  commission may retain such experts as are reasonably necessary

27  to effectuate this subparagraph, and the department shall pay

28  the expenses of such experts.

29         (3)

30         (c)  The secretary shall appoint an Assistant Secretary

31  for Transportation Policy, an Assistant Secretary for Finance


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  1  and Administration, and an Assistant Secretary for District

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

  3  secretary.  The positions are responsible for developing,

  4  monitoring, and enforcing policy and managing major technical

  5  programs.  The responsibilities and duties of these positions

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

  7  areas:

  8         1.  Assistant Secretary for Transportation Policy.--

  9         a.  Development of the Florida Transportation Plan and

10  other policy planning;

11         b.  Development of statewide modal systems plans,

12  including public transportation systems;

13         c.  Design of transportation facilities;

14         d.  Construction of transportation facilities; and

15         e.  Acquisition and management of transportation

16  rights-of-way; and.

17         f.  Administration of motor carrier compliance and

18  safety.

19         2.  Assistant Secretary for District Operations.--

20         a.  Administration of the eight districts; and

21         b.  Implementation of the decentralization of the

22  department.; and

23         c.  Administration of motor carrier compliance and

24  safety.

25         3.  Assistant Secretary for Finance and

26  Administration.--

27         a.  Financial planning and management;

28         b.  Information systems;

29         c.  Accounting systems;

30         d.  Administrative functions; and

31         e.  Administration of toll operations.


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

  2  established within the central office for the purposes of:

  3         a.  Developing policy and procedures and monitoring

  4  performance to ensure compliance with these policies and

  5  procedures;

  6         b.  Performing statewide activities which it is more

  7  cost-effective to perform in a central location;

  8         c.  Assessing and ensuring the accuracy of information

  9  within the department's financial management information

10  systems; and

11         d.  Performing other activities of a statewide nature.

12         2.  The following offices are established and shall be

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

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

15  classified at a level equal to a division director:

16         a.  The Office of Administration;

17         b.  The Office of Policy Planning;

18         c.  The Office of Design;

19         d.  The Office of Highway Operations;

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

21         f.  The Office of Toll Operations; and

22         g.  The Office of Information Systems; and.

23         h.  The Office of Motor Carrier Compliance.

24         3.  Other offices may be established in accordance with

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

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

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

28  legislative authority.

29         4.  During the construction of a major transportation

30  improvement project or as determined by the district

31  secretary, the department may provide assistance to a business


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  1  entity significantly impacted by the project if the entity is

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

  3  prior to the beginning of construction and has direct or

  4  shared access to the transportation project being constructed.

  5  The assistance program shall be in the form of additional

  6  guarantees to assist the impacted business entity in receiving

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

  8  instance shall the combined guarantees be greater than 90

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

10  implement this subparagraph.

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

12  206.8745, Florida Statutes, to read:

13         206.8745  Credits and refund claims.--

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

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

16  during idle time for the purpose of running climate control

17  systems and maintaining electrical systems for the motor coach

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

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

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

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

22  exclusively in the commercial application of transporting

23  passengers for compensation, and that has the capacity to

24  measure diesel fuel consumed in Florida during idling,

25  separate from diesel fuel consumed to propel the vehicle in

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

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

28  calendar year.

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

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

31  paid and after December 31, 2000.


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

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

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

  4  purchases containing the information required by s.

  5  206.41(5)(b)1.

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

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

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

  9

10  The Department of Revenue may adopt rules to administer this

11  subsection.

12         Section 3.  Paragraph (b) of subsection (3) and

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

14  to read:

15         311.07  Florida seaport transportation and economic

16  development funding.--

17         (3)

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

19  program are limited to the following port facilities or port

20  transportation projects:

21         1.  Transportation facilities within the jurisdiction

22  of the port.

23         2.  The dredging or deepening of channels, turning

24  basins, or harbors.

25         3.  The construction or rehabilitation of wharves,

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

27  terminals, automated people mover systems, or any facilities

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

29         4.  The acquisition of container cranes or other

30  mechanized equipment used in the movement of cargo or

31  passengers in international commerce.


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

  2  purposes.

  3         6.  The acquisition, improvement, enlargement, or

  4  extension of existing port facilities.

  5         7.  Environmental protection projects which are

  6  necessary because of requirements imposed by a state agency as

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

  8  are necessary for environmental mitigation required as a

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

10  which are necessary for the acquisition of spoil disposal

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

12  which result from the funding of eligible projects listed

13  herein.

14         8.  Transportation facilities as defined in s.

15  334.03(31) which are not otherwise part of the Department of

16  Transportation's adopted work program.

17         9.  Seaport intermodal access projects identified in

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

19  311.09(3).

20         10.  Construction or rehabilitation of port facilities

21  as defined in s. 315.02, excluding any park or recreational

22  facilities, in ports listed in s. 311.09(1) with operating

23  revenues of $5 million or less, provided that such projects

24  create economic development opportunities, capital

25  improvements, and positive financial returns to such ports.

26         (6)  The Department of Transportation shall subject any

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

28  320.20 to a final audit.  The department may adopt rules and

29  perform such other acts as are necessary or convenient to

30  ensure that the final audits are conducted and that any

31


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  1  deficiency or questioned costs noted by the audit are

  2  resolved.

  3         Section 4.  Subsections (1), (4), (11), and (12) of

  4  section 311.09, Florida Statutes, are amended to read:

  5         311.09  Florida Seaport Transportation and Economic

  6  Development Council.--

  7         (1)  The Florida Seaport Transportation and Economic

  8  Development Council is created within the Department of

  9  Transportation.  The council consists of the following 17

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

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

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

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

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

15  Transportation or his or her designee as an ex officio

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

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

18  ex officio nonvoting member; and the secretary of the

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

20  ex officio nonvoting member.

21         (4)  The council shall adopt rules for evaluating

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

23  The rules shall provide criteria for evaluating the economic

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

25  proposed project to maintain or increase cargo flow, cruise

26  passenger movement, international commerce, port revenues, and

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

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

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

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

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


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  1  voting members of the council constitutes a quorum for the

  2  purpose of transacting the business of the council.  All

  3  members of the council are voting members except for members

  4  representing the Department of Transportation; the Department

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

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

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

  8  except that a member representing the Department of

  9  Transportation, the Department of Community Affairs, or the

10  Office of Tourism, Trade, and Economic Development may vote to

11  overrule any action of the council approving a project

12  pursuant to subsection (5). unless The bylaws of the council

13  may require a greater vote for a particular action.

14         (12)  Members of the council shall serve without

15  compensation but are entitled to receive reimbursement for per

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

17  council may elect to provide an administrative staff to

18  provide services to the council on matters relating to the

19  Florida Seaport Transportation and Economic Development

20  Program and the council.  The cost for such administrative

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

22  the Florida Seaport Transportation and Economic Development

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

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

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

26  costs for administrative services shall be paid in its total

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

28  the Department of Transportation of a joint participation

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

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

31  the recipient port. Except as otherwise exempted by law, all


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  1  moneys derived from the Florida Seaport Transportation and

  2  Economic Development Program shall be expended in accordance

  3  with the provisions of s. 287.057. Seaports subject to

  4  competitive negotiation requirements of a local governing body

  5  shall be exempt from this requirement.

  6         Section 5.  Subsections (3) and (4) of section 320.20,

  7  Florida Statutes, are amended to read:

  8         320.20  Disposition of license tax moneys.--The revenue

  9  derived from the registration of motor vehicles, including any

10  delinquent fees and excluding those revenues collected and

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

12  distributed monthly, as collected, as follows:

13         (3)  Notwithstanding any other provision of law except

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

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

16  Transportation Trust Fund solely for the purposes of funding

17  the Florida Seaport Transportation and Economic Development

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

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

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

21  s. 311.07(3)(b). Such revenues may be assigned, pledged, or

22  set aside as a trust for the payment of principal or interest

23  on bonds, tax anticipation certificates, or any other form of

24  indebtedness issued by an individual port or appropriate local

25  government having jurisdiction thereof, or collectively by

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

27  purchase credit support to permit such borrowings. However,

28  such debt shall not constitute a general obligation of the

29  State of Florida. The state does hereby covenant with holders

30  of such revenue bonds or other instruments of indebtedness

31  issued hereunder that it will not repeal or impair or amend in


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  1  any manner which will materially and adversely affect the

  2  rights of such holders so long as bonds authorized by this

  3  section are outstanding.  Any revenues which are not pledged

  4  to the repayment of bonds as authorized by this section may be

  5  utilized for purposes authorized under the Florida Seaport

  6  Transportation and Economic Development Program.  This revenue

  7  source is in addition to any amounts provided for and

  8  appropriated in accordance with s. 311.07.  The Florida

  9  Seaport Transportation and Economic Development Council shall

10  approve distribution of funds to ports for projects which have

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

12  the Department of Transportation are authorized to perform

13  such acts as are required to facilitate and implement the

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

15  cooperate to their mutual advantage, the governing body of

16  each port may exercise powers provided to municipalities or

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

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

19  The use of funds provided pursuant to this subsection are

20  limited to eligible projects listed in this subsection.

21  Income derived from a project completed with the use of

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

23  be restricted to further port capital improvements consistent

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

25  income for nonmaritime purposes is prohibited. The provisions

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

27  this subsection. The revenues available under this subsection

28  shall not be pledged to the payment of any bonds other than

29  the Florida Ports Financing Commission Series 1996 and Series

30  1999 Bonds currently outstanding; provided, however, such

31  revenues may be pledged to secure payment of refunding bonds


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  1  to refinance the Florida Ports Financing Commission Series

  2  1996 and Series 1999 Bonds. No refunding bonds secured by

  3  revenues available under this subsection may be issued with a

  4  final maturity later than the final maturity of the Florida

  5  Ports Financing Commission Series 1996 and Series 1999 Bonds

  6  or which provide for higher debt service in any year than is

  7  currently payable on such bonds. Any revenue bonds or other

  8  indebtedness issued after July 1, 2000, other than refunding

  9  bonds shall be issued by the Division of Bond Finance at the

10  request of the Department of Transportation pursuant to the

11  State Bond Act.

12         (4)  Notwithstanding any other provision of law except

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

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

15  Transportation Trust Fund solely for the purposes of funding

16  the Florida Seaport Transportation and Economic Development

17  Program as provided in chapter 311 and for funding seaport

18  intermodal access projects of statewide significance as

19  provided in s. 341.053. Such revenues shall be distributed to

20  any port listed in s. 311.09(1), to be used for funding

21  projects as follows:

22         (a)  For any seaport intermodal access projects that

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

24  Department of Transportation, up to the amounts needed to

25  offset the funding requirements of this section.; and

26         (b)  For seaport intermodal access projects as

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

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

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

30  mutually determined by the Florida Seaport Transportation and

31  Economic Development Council and the Department of


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  1  Transportation, provided a minimum of 25 percent of total

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

  3  private funds, or specifically earmarked federal funds.; or

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

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

  6         (d)  For seaport intermodal access projects that

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

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

  9  similar structures. Funding for such projects shall require a

10  25 percent match of the funds received pursuant to this

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

12  federal funds, local funds, or private funds.

13

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

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

16  anticipation certificates, or any other form of indebtedness

17  issued by an individual port or appropriate local government

18  having jurisdiction thereof, or collectively by interlocal

19  agreement among any of the ports, or used to purchase credit

20  support to permit such borrowings. However, such debt shall

21  not constitute a general obligation of the state. This state

22  does hereby covenant with holders of such revenue bonds or

23  other instruments of indebtedness issued hereunder that it

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

25  manner which will materially and adversely affect the rights

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

27  outstanding. Any revenues that are not pledged to the

28  repayment of bonds as authorized by this section may be

29  utilized for purposes authorized under the Florida Seaport

30  Transportation and Economic Development Program. This revenue

31  source is in addition to any amounts provided for and


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

  2  The Florida Seaport Transportation and Economic Development

  3  Council shall approve distribution of funds to ports for

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

  5  or for seaport intermodal access projects identified in the

  6  5-year Florida Seaport Mission Plan as provided in s.

  7  311.09(3) and mutually agreed upon by the FSTED Council and

  8  the Department of Transportation.  All contracts for actual

  9  construction of projects authorized by this subsection must

10  include a provision encouraging employment of WAGES

11  participants.  The goal for employment of WAGES participants

12  is 25 percent of all new employees employed specifically for

13  the project, unless the Department of Transportation and the

14  Florida Seaport Transportation and Economic Development

15  Council can demonstrate to the satisfaction of the Secretary

16  of Labor and Employment Security that such a requirement would

17  severely hamper the successful completion of the project. In

18  such an instance, the Secretary of Labor and Employment

19  Security shall establish an appropriate percentage of

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

21  Department of Transportation are authorized to perform such

22  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 is

29  limited to eligible projects listed in this subsection. The

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

31  pursuant to this subsection. The revenues available under this


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  1  subsection shall not be pledged to the payment of any bonds

  2  other than the Florida Ports Financing Commission Series 1996

  3  and Series 1999 Bonds currently outstanding; provided,

  4  however, such revenues may be pledged to secure payment of

  5  refunding bonds to refinance the Florida Ports Financing

  6  Commission Series 1996 and Series 1999 Bonds. No refunding

  7  bonds secured by revenues available under this subsection may

  8  be issued with a final maturity later than the final maturity

  9  of the Florida Ports Financing Commission Series 1996 and

10  Series 1999 Bonds or which provide for higher debt service in

11  any year than is currently payable on such bonds. Any revenue

12  bonds or other indebtedness issued after July 1, 2000, other

13  than refunding bonds shall be issued by the Division of Bond

14  Finance at the request of the Department of Transportation

15  pursuant to the State Bond Act.

16         Section 6.  Subsection (5) of section 334.044, Florida

17  Statutes, is amended, and paragraph (c) is added to subsection

18  (10) of said section, to read:

19         334.044  Department; powers and duties.--The department

20  shall have the following general powers and duties:

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

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

23  part 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         (10)

31


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  1         (c)  The department is authorized to adopt rules

  2  relating to approval of aggregate and other material sources.

  3         Section 7.  Subsection (4) is added to section 334.187,

  4  Florida Statutes, to read:

  5         334.187  Guarantee of obligations to the department.--

  6         (4)  The department is authorized to adopt rules

  7  relating to the use of prepaid escrow accounts for purchases

  8  from the department.

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

10  Statutes, is amended to read:

11         335.02  Authority to designate transportation

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

13  for redesignation and relocation.--

14         (3)  The department may establish standards for lanes

15  on the State Highway System, including the Florida Intrastate

16  Highway System established pursuant to s. 338.001. In

17  determining the number of lanes for any regional corridor or

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

19  the department with state or federal funds, the department

20  shall evaluate all alternatives and seek to achieve the

21  highest degree of efficient mobility for corridor users. In

22  conducting the analysis, the department must give

23  consideration to the following factors consistent with sound

24  engineering principles:

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

26  trade or tourism corridor.

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

28  of the corridor for evacuation purposes.

29         (c)  Cost-effectiveness of alternative methods of

30  increasing the mobility of corridor users.

31


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  1         (d)  Current and projected traffic volumes on the

  2  corridor.

  3         (e)  Multimodal alternatives.

  4         (f)  Use of intelligent transportation technology in

  5  increasing the efficiency of the corridor.

  6         (g)  Compliance with state and federal policies related

  7  to clean air, environmental impacts, growth management,

  8  livable communities, and energy conservation.

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

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

11  interregional traffic lanes.

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

13  associated costs, and the most effective use of existing

14  rights-of-way.

15         (j)  Regional economic and transportation objectives,

16  where articulated.

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

18  government comprehensive plans, as appropriate, including

19  designated urban infill and redevelopment areas.

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

21  local government comprehensive plans, including designated

22  transportation corridors and public transportation corridors.

23         (m)  The approved metropolitan planning organization's

24  long-range transportation plan, as appropriate.

25

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

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

28  before the department may determine that the number of lanes

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

30  future alternative forms of transportation within existing or

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


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

  2  requirements for such facilities.

  3         Section 9.  Paragraph (b) of subsection (1) of section

  4  336.025, Florida Statutes, is amended to read:

  5         336.025  County transportation system; levy of local

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

  7         (1)

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

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

10  3-cent, 4-cent, or 5-cent local option fuel tax upon every

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

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

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

14  membership of the governing body of the county or by

15  referendum.

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

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

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

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

20  1 of the year of expiration.

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

22  by interlocal agreement with one or more municipalities

23  located therein, representing a majority of the population of

24  the incorporated area within the county, a distribution

25  formula for dividing the entire proceeds of the tax among

26  county government and all eligible municipalities within the

27  county. If no interlocal agreement is adopted before the

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

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

30  interlocal agreement exists, a new interlocal agreement may be

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


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  1  subparagraph. However, any interlocal agreement agreed to

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

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

  4  no circumstances materially or adversely affect the rights of

  5  holders of outstanding bonds which are backed by taxes

  6  authorized by this paragraph, and the amounts distributed to

  7  the county government and each municipality shall not be

  8  reduced below the amount necessary for the payment of

  9  principal and interest and reserves for principal and interest

10  as required under the covenants of any bond resolution

11  outstanding on the date of establishment of the new interlocal

12  agreement.

13         3.  County and municipal governments shall utilize

14  moneys received pursuant to this paragraph only for

15  transportation expenditures needed to meet the requirements of

16  the capital improvements element of an adopted comprehensive

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

18  construction of new roads, or the reconstruction or

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

20  graded roads when undertaken in part to relieve or mitigate

21  existing or potential adverse environmental impacts, shall be

22  deemed to increase capacity and such projects shall be

23  included in the capital improvements element of an adopted

24  comprehensive plan. Expenditures for purposes of this

25  paragraph shall not include routine maintenance of roads.

26         Section 10.  Section 337.025, Florida Statutes, is

27  amended to read:

28         337.025  Innovative highway projects; department to

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

30  a program for highway projects demonstrating innovative

31  techniques of highway construction, maintenance, and finance


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  1  which have the intended effect of controlling time and cost

  2  increases on construction projects.  Such techniques may

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

  4  for pavement, safety, and other aspects of highway

  5  construction and maintenance; innovative bidding and financing

  6  techniques; accelerated construction procedures; and those

  7  techniques that have the potential to reduce project life

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

  9  must use the existing process to award and administer

10  construction and maintenance contracts.  When specific

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

12  required to adhere to those provisions of law that would

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

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

15  innovative technique that is inconsistent with another

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

17  need for the exception and identify what benefits the

18  traveling public and the affected community are anticipated to

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

20  million in contracts annually for the purposes authorized by

21  this section.

22         Section 11.  Section 334.035, Florida Statutes, is

23  amended to read:

24         334.035  Purpose of transportation code.--The purpose

25  of the Florida Transportation Code is to establish the

26  responsibilities of the state, the counties, and the

27  municipalities in the planning and development of the

28  transportation systems serving the people of the state and to

29  assure the development of an integrated, balanced statewide

30  transportation system. The prevailing principles to be

31  considered in planning and developing these transportation


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  1  systems are: preserving the existing transportation

  2  infrastructure; enhancing Florida's economic competitiveness;

  3  and improving travel choices to ensure mobility which enhances

  4  economic development through promotion of international trade

  5  and interstate and intrastate commerce. This code is necessary

  6  for the protection of the public safety and general welfare

  7  and for the preservation of all transportation facilities in

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

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

10  unless expressly limited in scope, shall apply to all

11  chapters.

12         Section 12.  Section 334.046, Florida Statutes, is

13  amended to read:

14         334.046  Department mission, goals, and objectives.--

15         (1)  The prevailing principles to be considered in

16  planning and developing an integrated, balanced statewide

17  transportation system are: preserving the existing

18  transportation infrastructure; enhancing Florida's economic

19  competitiveness; and improving travel choices to ensure

20  mobility.

21         (2)(1)  The mission of the Department of Transportation

22  shall be to provide a safe, interconnected statewide

23  transportation system for Florida's citizens and visitors that

24  ensures the mobility of people and goods freight, enhances

25  while enhancing economic prosperity, and preserves and

26  sustaining the quality of our environment and communities.

27         (3)(2)  The department shall document in the Florida

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

29  upon the prevailing principles of preserving the existing

30  transportation infrastructure, enhancing Florida's economic

31  competitiveness, and improving travel choices to ensure


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

  2  which provide statewide policy guidance for accomplishing the

  3  department's mission.

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

  5  address the following prevailing principles.:

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

  7  transportation infrastructure investment. Preservation

  8  includes:

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

10  State Highway System meets department standards;

11         2.  Ensuring that 90 percent of department-maintained

12  bridges meet department standards; and

13         3.  Ensuring that the department achieves 100 percent

14  of the acceptable maintenance standard on the state highway

15  system.

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

17  has a clear understanding of the economic consequences of

18  transportation investments, and how such investments affect

19  the state's economic competitiveness. The department must

20  develop a macroeconomic analysis of the linkages between

21  transportation investment and economic performance, as well as

22  a method to quantifiably measure the economic benefits of the

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

24  analyze:

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

26  relative to the competition.

27         2.  The business environment as viewed from the

28  perspective of companies evaluating the state as a place in

29  which to do business.

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

31


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

  2  interconnected transportation system.

  3         (a)  Providing a safe transportation system for

  4  residents, visitors, and commerce.

  5         (b)  Preservation of the transportation system.

  6         (c)  Providing an interconnected transportation system

  7  to support Florida's economy.

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

  9  communities.

10         Section 13.  Section 337.175, Florida Statutes, is

11  amended to read:

12         337.175  Retainage.--The department may shall provide

13  in its construction contracts for retaining a portion of the

14  amount due a contractor for work that the contractor has

15  completed, until completion and final acceptance of the

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

17  contractors may shall be allowed to substitute securities as

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

19  deposit or irrevocable letters of credit approved by the

20  department comptroller in lieu of retainage.

21         Section 14.  Subsection (1) of section 337.18, Florida

22  Statutes, is amended to read:

23         337.18  Surety bonds; requirement with respect to

24  contract award; defaults; damage assessments.--

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

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

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

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

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

30  nature and nonperformance will not endanger public health,

31  safety, or property. The department may require alternate


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

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

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

  4  conditioned for the prompt, faithful, and efficient

  5  performance of the contract according to plans and

  6  specifications and within the time period specified, and for

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

  8  equipment, and supplies therefor; however, whenever an

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

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

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

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

13  order. The department shall adopt rules to implement this

14  subsection. Such rules shall include provisions under which

15  the department shall refuse to accept bonds on contracts when

16  a surety wrongfully fails or refuses to settle or provide a

17  defense for claims or actions arising under a contract for

18  which the surety previously furnished a bond.

19         Section 15.  Subsection (1) of section 338.155, Florida

20  Statutes, is amended to read:

21         338.155  Payment of toll on toll facilities required;

22  exemptions.--

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

24  without payment of tolls, except employees of the agency

25  operating the toll project when using the toll facility on

26  official state business, state military personnel while on

27  official military business, handicapped persons as provided in

28  this section, persons exempt from toll payment by the

29  authorizing resolution for bonds issued to finance the

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

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


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

  2  police officer operating a marked official vehicle is exempt

  3  from toll payment when on official law enforcement business.

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

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

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

  7  constitutes a noncriminal traffic infraction, punishable as a

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

  9  authorized to adopt rules relating to guaranteed toll

10  accounts.

11         Section 16.  Subsection (1) of section 338.161, Florida

12  Statutes, is amended to read:

13         338.161  Authority of department to advertise and

14  promote electronic toll collection.--

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

16  paid advertising, marketing, and promotion of toll facilities

17  and electronic toll collection products and services.

18  Promotions may include discounts and free products.

19         Section 17.  Subsection (6) of section 338.165, Florida

20  Statutes, is amended to read:

21         338.165  Continuation of tolls.--

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

23  and not including high occupancy toll lanes or express lanes,

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

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

26         Section 18.  Subsection (2) of section 339.09, Florida

27  Statutes, is amended to read:

28         339.09  Use of transportation tax revenues;

29  restrictions.--

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

31  Federal Government, expend transportation tax revenues


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

  2  undesirable rodents, relocation assistance, and moving costs

  3  of persons displaced by highway construction and other related

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

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

  6  continue to be eligible for federal highway funds.

  7         Section 19.  Section 339.155, Florida Statutes, is

  8  amended to read:

  9         339.155  Transportation planning.--

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

11  shall develop and annually update a statewide transportation

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

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

14  the general public. The purpose of the Florida Transportation

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

16  transportation goals and objectives to be accomplished over a

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

18  Comprehensive Plan, and any other statutory mandates and

19  authorizations and based upon the prevailing principles of:

20  preserving the existing transportation infrastructure;

21  enhancing Florida's economic competitiveness; and improving

22  travel choices to ensure mobility. The Florida Transportation

23  Plan shall consider the needs of the entire state

24  transportation system and examine the use of all modes of

25  transportation to effectively and efficiently meet such needs.

26         (2)  SCOPE OF PLANNING PROCESS.--

27         (a)  The department shall carry out a transportation

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

29  provides for consideration of projects and strategies that

30  will:

31


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

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

  3  enabling global competitiveness, productivity, and efficiency;

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

  5  transportation system for motorized and nonmotorized users;

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

  7  available to people and for freight;

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

  9  energy conservation, and improve quality of life;

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

11  transportation system, across and between modes throughout

12  Florida, for people and freight;

13         (f)6.  Promote efficient system management and

14  operation; and

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

16  transportation system.

17         (b)  Additionally, the department shall consider:

18         1.  With respect to nonmetropolitan areas, the concerns

19  of local elected officials representing units of general

20  purpose local government;

21         2.  The concerns of Indian tribal governments and

22  federal land management agencies that have jurisdiction over

23  land within the boundaries of Florida; and

24         3.  Coordination of transportation plans, programs, and

25  planning activities with related planning activities being

26  carried out outside of metropolitan planning areas.

27         (c)  The results of the management systems required

28  pursuant to federal laws and regulations.

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

30  objectives, programs, or requirements.

31


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  1         (e)  Strategies for incorporating bicycle

  2  transportation facilities and pedestrian walkways in projects

  3  where appropriate throughout the state.

  4         (f)  International border crossings and access to

  5  ports, airports, spaceports, intermodal transportation

  6  facilities, major freight distribution routes, national parks,

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

  8  military installations.

  9         (g)  The transportation needs of nonmetropolitan areas

10  through a process that includes consultation with local

11  elected officials with jurisdiction over transportation.

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

13  feasible, with strategic regional policy plans, metropolitan

14  planning organization plans, and approved local government

15  comprehensive plans so as to contribute to the management of

16  orderly and coordinated community development.

17         (i)  Connectivity between metropolitan areas within the

18  state and with metropolitan areas in other states.

19         (j)  Recreational travel and tourism.

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

21  Water Pollution Control Act.

22         (l)  Transportation system management and investment

23  strategies designed to make the most efficient use of existing

24  transportation facilities.

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

26  environmental effects of transportation decisions on the

27  community and region.

28         (n)  Methods to manage traffic congestion and to

29  prevent traffic congestion from developing in areas where it

30  does not yet occur, including methods which reduce motor

31  vehicle travel, particularly single-occupant vehicle travel.


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

  2  to increase the use of such services.

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

  4  and land development, including the need for consistency

  5  between transportation decisionmaking and the provisions of

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

  7  development plans.

  8         (q)  Where appropriate, the use of innovative

  9  mechanisms for financing projects, including value capture

10  pricing, tolls, and congestion pricing.

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

12  construction of future transportation projects, including

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

14  future transportation corridors, and identification of those

15  corridors for which action is most needed to prevent

16  destruction or loss.

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

18  transportation system.

19         (t)  Methods to enhance the efficient movement of

20  commercial motor vehicles.

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

22  engineering of bridges, tunnels, or pavement.

23         (v)  Investment strategies to improve adjoining state

24  and local roads that support rural economic growth and tourism

25  development, federal agency renewable resources management,

26  and multipurpose land management practices, including

27  recreation development.

28         (w)  The concerns of Indian tribal governments having

29  jurisdiction over lands within the boundaries of the state.

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

31  incorporated into an approved local government comprehensive


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  1  plan, and the linkage of transportation modes described in

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

  3  goods and passengers between the seaport or airport and the

  4  other transportation facilities.

  5         (y)  The spaceport master plan approved by the

  6  Spaceport Florida Authority.

  7         (z)  The joint use of transportation corridors and

  8  major transportation facilities for alternate transportation

  9  and community uses.

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

11  other types of transportation facilities in the community.

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

13  Transportation Plan shall be a unified, concise planning

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

15  transportation goals and objectives and documents the

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

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

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

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

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

21  the following components:

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

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

24  department's findings from its examination of the criteria

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

26  component must be developed in cooperation with the

27  metropolitan planning organizations and reconciled, to the

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

29  by metropolitan planning organizations pursuant to s. 339.175.

30  The plan must also be developed in consultation with affected

31  local officials in nonmetropolitan areas and with any affected


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  1  Indian tribal governments. The plan must provide an

  2  examination of transportation issues likely to arise during at

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

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

  5  necessary, to reflect substantive changes to federal or state

  6  law.

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

  8  objectives and strategies necessary to implement the goals and

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

10  The short-range component must define the relationship between

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

12  those objectives against which the department's achievement of

13  such goals will be measured, and identify transportation

14  strategies necessary to efficiently achieve the goals and

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

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

17  strategic information resource management plan, and the work

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

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

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

21  consistent with the requirements of s. 186.022 and consistent

22  with available and forecasted state and federal funds. In

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

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

25  Transportation Commission.

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

27  develop an annual performance report evaluating the operation

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

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

30  include a summary of the financial operations of the

31  department and shall annually evaluate how well the adopted


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

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

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

  4  performance report shall also be submitted to the Florida

  5  Transportation Commission and the legislative appropriations

  6  and transportation committees.

  7         (5)  ADDITIONAL TRANSPORTATION PLANS.--

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

  9  department may in its discretion develop and design

10  transportation corridors, arterial and collector streets,

11  vehicular parking areas, and other support facilities which

12  are consistent with the plans of the department for major

13  transportation facilities.  The department may render to local

14  governmental entities or their planning agencies such

15  technical assistance and services as are necessary so that

16  local plans and facilities are coordinated with the plans and

17  facilities of the department.

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

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

20  an element of its strategic regional policy plan,

21  transportation goals and policies. The transportation goals

22  and policies must be prioritized to comply with the prevailing

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

24  transportation goals and policies shall be consistent, to the

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

26  metropolitan planning organization and the Florida

27  Transportation Plan.  The transportation goals and policies of

28  the regional planning council will be advisory only and shall

29  be submitted to the department and any affected metropolitan

30  planning organization for their consideration and comments.

31  Metropolitan planning organization plans and other local


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  1  transportation plans shall be developed consistent, to the

  2  maximum extent feasible, with the regional transportation

  3  goals and policies.  The regional planning council shall

  4  review urbanized area transportation plans and any other

  5  planning products stipulated in s. 339.175 and provide the

  6  department and respective metropolitan planning organizations

  7  with written recommendations which the department and the

  8  metropolitan planning organizations shall take under

  9  advisement.  Further, the regional planning councils shall

10  directly assist local governments which are not part of a

11  metropolitan area transportation planning process in the

12  development of the transportation element of their

13  comprehensive plans as required by s. 163.3177.

14         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

15  TRANSPORTATION PLANNING.--

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

17  of the Florida Transportation Plan and prior to substantive

18  revisions, the department shall provide citizens, affected

19  public agencies, representatives of transportation agency

20  employees, other affected employee representatives, private

21  providers of transportation, and other known interested

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

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

24  publishing a notice in the Florida Administrative Weekly and

25  within a newspaper of general circulation within the area of

26  each department district office.

27         (b)  During development of major transportation

28  improvements, such as those increasing the capacity of a

29  facility through the addition of new lanes or providing new

30  access to a limited or controlled access facility or

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


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

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

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

  4  of and commitment to a specific design proposal for the

  5  proposed facility. Such public hearings shall be conducted so

  6  as to provide an opportunity for effective participation by

  7  interested persons in the process of transportation planning

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

  9  design of transportation facilities. The various factors

10  involved in the decision or decisions and any alternative

11  proposals shall be clearly presented so that the persons

12  attending the hearing may present their views relating to the

13  decision or decisions which will be made.

14         (c)  Opportunity for design hearings:

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

16  shall duly notify notice all affected property owners of

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

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

19  The affected property owners shall be:

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

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

22  proposed facility.

23         b.  Those whom who the department determines will be

24  substantially affected environmentally, economically,

25  socially, or safetywise.

26         2.  For each subsequent hearing, the department shall

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

28  hearing date in a newspaper of general circulation for the

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

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

31  days, before the hearing


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

  2  must shall be furnished to the United States Department of

  3  Transportation and to the appropriate departments of the state

  4  government at the time of publication.

  5         4.  The opportunity for another hearing shall be

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

  7  changed from those presented in the notices specified above or

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

  9  economic, or environmental effect.

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

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

12  hearing is required.

13         Section 20.  Subsections (1) through (6) and paragraph

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

15  amended to read:

16         339.175  Metropolitan planning organization.--It is the

17  intent of the Legislature to encourage and promote the safe

18  and efficient management, operation, and development of

19  surface transportation systems that will serve the mobility

20  needs of people and freight within and through urbanized areas

21  of this state while minimizing transportation-related fuel

22  consumption and air pollution. To accomplish these objectives,

23  metropolitan planning organizations, referred to in this

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

25  state and public transit operators, transportation plans and

26  programs for metropolitan areas. The plans and programs for

27  each metropolitan area must provide for the development and

28  integrated management and operation of transportation systems

29  and facilities, including pedestrian walkways and bicycle

30  transportation facilities that will function as an intermodal

31  transportation system for the metropolitan area, based upon


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

  2  process for developing such plans and programs shall provide

  3  for consideration of all modes of transportation and shall be

  4  continuing, cooperative, and comprehensive, to the degree

  5  appropriate, based on the complexity of the transportation

  6  problems to be addressed.

  7         (1)  DESIGNATION.--

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

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

10  agreement between the Governor and units of general-purpose

11  local government representing at least 75 percent of the

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

13  general-purpose local government that represents the central

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

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

16  such agreement.

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

18  existing metropolitan planning area only if the Governor and

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

20  the existing metropolitan planning area makes the designation

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

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

23  the provisions of this section pursuant to an interlocal

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

25  to the interlocal agreement shall be the department and the

26  governmental entities designated by the Governor for

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

28  section and s. 163.01, this section prevails.

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

30  be determined by agreement between the Governor and the

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


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  1  metropolitan planning area, which is the existing urbanized

  2  area and the contiguous area expected to become urbanized

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

  4  metropolitan statistical area or the consolidated metropolitan

  5  statistical area.

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

  7  nonattainment area for ozone or carbon monoxide under the

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

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

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

11  boundaries may be adjusted by agreement of the Governor and

12  affected metropolitan planning organizations in the manner

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

14  authority within a metropolitan area or an area that is

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

16  with other M.P.O.'s designated for such area and with the

17  state in the coordination of plans and programs required by

18  this section.

19

20  Each M.P.O. required under this section must be fully

21  operative no later than 6 months following its designation.

22         (2)  VOTING MEMBERSHIP.--

23         (a)  The voting membership of an M.P.O. shall consist

24  of not fewer than 5 or more than 19 apportioned members, the

25  exact number to be determined on an equitable

26  geographic-population ratio basis by the Governor, based on an

27  agreement among the affected units of general-purpose local

28  government as required by federal rules and regulations. The

29  Governor, in accordance with 23 U.S.C. s. 134, may also

30  provide for M.P.O. members who represent municipalities to

31  alternate with representatives from other municipalities


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  1  within the metropolitan planning area that do not have members

  2  on the M.P.O. County commission members shall compose not less

  3  than one-third of the M.P.O. membership, except for an M.P.O.

  4  with more than 15 members located in a county with a

  5  five-member county commission or an M.P.O. with 19 members

  6  located in a county with no more than 6 county commissioners,

  7  in which case county commission members may compose less than

  8  one-third percent of the M.P.O. membership, but all county

  9  commissioners must be members. All voting members shall be

10  elected officials of general-purpose governments, except that

11  an M.P.O. may include, as part of its apportioned voting

12  members, a member of a statutorily authorized planning board,

13  an official of an agency that operates or administers a major

14  mode of transportation, or an official of the Spaceport

15  Florida Authority.  The county commission shall compose not

16  less than 20 percent of the M.P.O. membership if an official

17  of an agency that operates or administers a major mode of

18  transportation has been appointed to an M.P.O.

19         (b)  In metropolitan areas in which authorities or

20  other agencies have been or may be created by law to perform

21  transportation functions that are not under the jurisdiction

22  of a general purpose local government represented on the

23  M.P.O., they shall be provided voting membership on the M.P.O.

24  In all other M.P.O.'s where transportation authorities or

25  agencies are to be represented by elected officials from

26  general purpose local governments, the M.P.O. shall establish

27  a process by which the collective interests of such

28  authorities or other agencies are expressed and conveyed.

29         (c)  Any other provision of this section to the

30  contrary notwithstanding, a chartered county with over 1

31  million population may elect to reapportion the membership of


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  1  an M.P.O. whose jurisdiction is wholly within the county. The

  2  charter county may exercise the provisions of this paragraph

  3  if:

  4         1.  The M.P.O. approves the reapportionment plan by a

  5  three-fourths vote of its membership;

  6         2.  The M.P.O. and the charter county determine that

  7  the reapportionment plan is needed to fulfill specific goals

  8  and policies applicable to that metropolitan planning area;

  9  and

10         3.  The charter county determines the reapportionment

11  plan otherwise complies with all federal requirements

12  pertaining to M.P.O. membership.

13

14  Any charter county that elects to exercise the provisions of

15  this paragraph shall notify the Governor in writing.

16         (d)  Any other provision of this section to the

17  contrary notwithstanding, any county chartered under s. 6(e),

18  Art. VIII of the State Constitution may elect to have its

19  county commission serve as the M.P.O., if the M.P.O.

20  jurisdiction is wholly contained within the county.  Any

21  charter county that elects to exercise the provisions of this

22  paragraph shall so notify the Governor in writing.  Upon

23  receipt of such notification, the Governor must designate the

24  county commission as the M.P.O.  The Governor must appoint

25  four additional voting members to the M.P.O., one of whom must

26  be an elected official representing a municipality within the

27  county, one of whom must be an expressway authority member,

28  one of whom must be a person who does not hold elected public

29  office and who resides in the unincorporated portion of the

30  county, and one of whom must be a school board member.

31         (3)  APPORTIONMENT.--


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  1         (a)  The Governor shall, with the agreement of the

  2  affected units of general-purpose local government as required

  3  by federal rules and regulations, apportion the membership on

  4  the applicable M.P.O. among the various governmental entities

  5  within the area and shall prescribe a method for appointing

  6  alternate members who may vote at any M.P.O. meeting that an

  7  alternate member attends in place of a regular member.  An

  8  appointed alternate member must be an elected official serving

  9  the same governmental entity or a general-purpose local

10  government with jurisdiction within all or part of the area

11  that the regular member serves.  The governmental entity so

12  designated shall appoint the appropriate number of members to

13  the M.P.O. from eligible officials.  Representatives of the

14  department shall serve as nonvoting members of the M.P.O.

15  Nonvoting advisers may be appointed by the M.P.O. as deemed

16  necessary.  The Governor shall review the composition of the

17  M.P.O. membership in conjunction with the decennial census as

18  prepared by the United States Department of Commerce, Bureau

19  of the Census, and reapportion it as necessary to comply with

20  subsection (2).

21         (b)  Except for members who represent municipalities on

22  the basis of alternating with representatives from other

23  municipalities that do not have members on the M.P.O. as

24  provided in paragraph (2)(a), the members of an M.P.O. shall

25  serve 4-year terms. Members who represent municipalities on

26  the basis of alternating with representatives from other

27  municipalities that do not have members on the M.P.O. as

28  provided in paragraph (2)(a) may serve terms of up to 4 years

29  as further provided in the interlocal agreement described in

30  paragraph (1)(b). The membership of a member who is a public

31  official automatically terminates upon the member's leaving


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  1  his or her elective or appointive office for any reason, or

  2  may be terminated by a majority vote of the total membership

  3  of a county or city governing entity represented by the

  4  member.  A vacancy shall be filled by the original appointing

  5  entity.  A member may be reappointed for one or more

  6  additional 4-year terms.

  7         (c)  If a governmental entity fails to fill an assigned

  8  appointment to an M.P.O. within 60 days after notification by

  9  the Governor of its duty to appoint, that appointment shall be

10  made by the Governor from the eligible representatives of that

11  governmental entity.

12         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and

13  responsibility of an M.P.O. is to manage a continuing,

14  cooperative, and comprehensive transportation planning process

15  that, based upon the prevailing principles provided in s.

16  334.046(1), results in the development of plans and programs

17  which are consistent, to the maximum extent feasible, with the

18  approved local government comprehensive plans of the units of

19  local government the boundaries of which are within the

20  metropolitan area of the M.P.O.  An M.P.O. shall be the forum

21  for cooperative decisionmaking by officials of the affected

22  governmental entities in the development of the plans and

23  programs required by subsections (5), (6), (7), and (8).

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

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

26  this section or incorporated in an interlocal agreement

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

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

29  subsequently applicable, which are necessary to qualify for

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

31  shall be involved in the planning and programming of


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  1  transportation facilities, including, but not limited to,

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

  3  intermodal facilities, to the extent permitted by state or

  4  federal law.

  5         (a)  Each M.P.O. shall, in cooperation with the

  6  department, develop:

  7         1.  A long-range transportation plan pursuant to the

  8  requirements of subsection (6);

  9         2.  An annually updated transportation improvement

10  program pursuant to the requirements of subsection (7); and

11         3.  An annual unified planning work program pursuant to

12  the requirements of subsection (8).

13         (b)  In developing the long-range transportation plan

14  and the transportation improvement program required under

15  paragraph (a), each M.P.O. shall provide for consideration of

16  projects and strategies that will:

17         1.  Support the economic vitality of the metropolitan

18  area, especially by enabling global competitiveness,

19  productivity, and efficiency;

20         2.  Increase the safety and security of the

21  transportation system for motorized and nonmotorized users;

22         3.  Increase the accessibility and mobility options

23  available to people and for freight;

24         4.  Protect and enhance the environment, promote energy

25  conservation, and improve quality of life;

26         5.  Enhance the integration and connectivity of the

27  transportation system, across and between modes, for people

28  and freight;

29         6.  Promote efficient system management and operation;

30  and

31


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  1         7.  Emphasize the preservation of the existing

  2  transportation system.

  3         (c)  Additionally, each M.P.O. shall consider:

  4         1.  The consistency of transportation planning with

  5  applicable federal, state, and local energy conservation

  6  programs, goals, and objectives;

  7         2.  The likely effect of transportation policy

  8  decisions on land use and development and the consistency of

  9  transportation plans and programs with all applicable

10  short-term and long-term land use and development plans;

11         3.  The preservation of rights-of-way for construction

12  of future transportation projects, including the

13  identification of unused rights-of-way that may be needed for

14  future transportation corridors and the identification of

15  corridors for which action is most needed to prevent

16  destruction or loss;

17         4.  The overall social, economic, energy, and

18  environmental effects of transportation decisions; and

19         5.  Available methods to expand or enhance transit

20  services and increase the use of such services.

21         6.  The possible allocation of capital investments to

22  increase security for transit systems.

23         (c)(d)  In order to provide recommendations to the

24  department and local governmental entities regarding

25  transportation plans and programs, each M.P.O. shall:

26         1.  Prepare a congestion management system for the

27  metropolitan area and cooperate with the department in the

28  development of all other transportation management systems

29  required by state or federal law;

30         2.  Assist the department in mapping transportation

31  planning boundaries required by state or federal law;


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  1         3.  Assist the department in performing its duties

  2  relating to access management, functional classification of

  3  roads, and data collection;

  4         4.  Execute all agreements or certifications necessary

  5  to comply with applicable state or federal law;

  6         5.  Represent all the jurisdictional areas within the

  7  metropolitan area in the formulation of transportation plans

  8  and programs required by this section; and

  9         6.  Perform all other duties required by state or

10  federal law.

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

12  committee that includes planners; engineers; representatives

13  of local aviation authorities, port authorities, and public

14  transit authorities or representatives of aviation

15  departments, seaport departments, and public transit

16  departments of municipal or county governments, as applicable;

17  the school superintendent of each county within the

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

19  and other appropriate representatives of affected local

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

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

22  committee is responsible for considering safe access to

23  schools in its review of transportation project priorities,

24  long-range transportation plans, and transportation

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

26  matters. In addition, the technical advisory committee shall

27  coordinate its actions with local school boards and other

28  local programs and organizations within the metropolitan area

29  which participate in school safety activities, such as locally

30  established community traffic safety teams. Local school

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


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  1  concerning future school sites and in the coordination of

  2  transportation service. identifying projects contained in the

  3  long-range transportation plan or transportation improvement

  4  program which deserve to be classified as a school safety

  5  concern. Upon receipt of the recommendation from the technical

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

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

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

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

10  local governmental entity responsible for the project must

11  consider at least two alternatives before making a decision

12  about project location or alignment.

13         (e)(f)1.  Each M.P.O. shall appoint a citizens'

14  advisory committee, the members of which serve at the pleasure

15  of the M.P.O. The membership on the citizens' advisory

16  committee must reflect a broad cross section of local

17  residents with an interest in the development of an efficient,

18  safe, and cost-effective transportation system. Minorities,

19  the elderly, and the handicapped must be adequately

20  represented.

21         2.  Notwithstanding the provisions of subparagraph 1.,

22  an M.P.O. may, with the approval of the department and the

23  applicable federal governmental agency, adopt an alternative

24  program or mechanism to ensure citizen involvement in the

25  transportation planning process.

26         (f)(g)  The department shall allocate to each M.P.O.,

27  for the purpose of accomplishing its transportation planning

28  and programming duties, an appropriate amount of federal

29  transportation planning funds.

30         (g)(h)  Each M.P.O. may employ personnel or may enter

31  into contracts with local or state agencies, private planning


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  1  firms, or private engineering firms to accomplish its

  2  transportation planning and programming duties required by

  3  state or federal law.

  4         (h)  Any group of M.P.O.'s which has created a chair's

  5  coordinating committee as of the effective date of this act

  6  and is located within the same Department of Transportation

  7  District which is comprised of four adjacent M.P.O.'s must

  8  continue such committee as provided for in this section. Such

  9  committee must also include one representative from each

10  M.P.O. contiguous to the geographic boundaries of the original

11  committee. The committee must, at a minimum:

12         1.  Coordinate transportation projects deemed to be

13  regionally significant by the committee.

14         2.  Review the impact of regionally significant land

15  use decisions on the region.

16         3. Review all proposed regionally significant

17  transportation projects in the respective transportation

18  improvement programs which affect more than one of the

19  M.P.O.'s represented on the committee.

20         4.  Institute a conflict resolution process to address

21  any conflict that may arise in the planning and programming of

22  such regionally significant projects.

23         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

24  develop a long-range transportation plan that addresses at

25  least a 20-year planning horizon. The plan must include both

26  long-range and short-range strategies and must comply with all

27  other state and federal requirements. The prevailing

28  principles to be considered in the long-range transportation

29  plan are: preserving the existing transportation

30  infrastructure; enhancing Florida's economic competitiveness;

31  and improving travel choices to ensure mobility. The


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  1  long-range transportation plan must be consistent, to the

  2  maximum extent feasible, with future land use elements and the

  3  goals, objectives, and policies of the approved local

  4  government comprehensive plans of the units of local

  5  government located within the jurisdiction of the M.P.O. The

  6  approved long-range transportation plan must be considered by

  7  local governments in the development of the transportation

  8  elements in local government comprehensive plans and any

  9  amendments thereto. The long-range transportation plan must,

10  at a minimum:

11         (a)  Identify transportation facilities, including, but

12  not limited to, major roadways, airports, seaports,

13  spaceports, commuter rail systems, transit systems, and

14  intermodal or multimodal terminals that will function as an

15  integrated metropolitan transportation system.  The long-range

16  transportation plan must give emphasis to those transportation

17  facilities that serve national, statewide, or regional

18  functions, and must consider the goals and objectives

19  identified in the Florida Transportation Plan as provided in

20  s. 339.155. If a project is located within the boundaries of

21  more than one M.P.O., the M.P.O.'s must coordinate plans

22  regarding the project in the long-range transportation plan.

23         (b)  Include a financial plan that demonstrates how the

24  plan can be implemented, indicating resources from public and

25  private sources which are reasonably expected to be available

26  to carry out the plan, and recommends any additional financing

27  strategies for needed projects and programs. The financial

28  plan may include, for illustrative purposes, additional

29  projects that would be included in the adopted long-range

30  transportation plan if reasonable additional resources beyond

31  those identified in the financial plan were available. For the


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  1  purpose of developing the long-range transportation plan, the

  2  M.P.O. and the department shall cooperatively develop

  3  estimates of funds that will be available to support the plan

  4  implementation. Innovative financing techniques may be used to

  5  fund needed projects and programs.  Such techniques may

  6  include the assessment of tolls, the use of value capture

  7  financing, or the use of value pricing.

  8         (c)  Assess capital investment and other measures

  9  necessary to:

10         1.  Ensure the preservation of the existing

11  metropolitan transportation system including requirements for

12  the operation, resurfacing, restoration, and rehabilitation of

13  major roadways and requirements for the operation,

14  maintenance, modernization, and rehabilitation of public

15  transportation facilities; and

16         2.  Make the most efficient use of existing

17  transportation facilities to relieve vehicular congestion and

18  maximize the mobility of people and goods.

19         (d)  Indicate, as appropriate, proposed transportation

20  enhancement activities, including, but not limited to,

21  pedestrian and bicycle facilities, scenic easements,

22  landscaping, historic preservation, mitigation of water

23  pollution due to highway runoff, and control of outdoor

24  advertising.

25         (e)  In addition to the requirements of paragraphs

26  (a)-(d), in metropolitan areas that are classified as

27  nonattainment areas for ozone or carbon monoxide, the M.P.O.

28  must coordinate the development of the long-range

29  transportation plan with the State Implementation Plan

30  developed pursuant to the requirements of the federal Clean

31  Air Act.


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  1

  2  In the development of its long-range transportation plan, each

  3  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 long-range

  9  transportation plan. The long-range transportation plan must

10  be approved by the M.P.O.

11         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

12  shall, in cooperation with the state and affected public

13  transportation operators, develop a transportation improvement

14  program for the area within the jurisdiction of the M.P.O.  In

15  the development of the transportation improvement program,

16  each M.P.O. must provide the public, affected public agencies,

17  representatives of transportation agency employees, freight

18  shippers, providers of freight transportation services,

19  private providers of transportation, representatives of users

20  of public transit, and other interested parties with a

21  reasonable opportunity to comment on the proposed

22  transportation improvement program.

23         (a)  Each M.P.O. is responsible for developing,

24  annually, a list of project priorities and a transportation

25  improvement program. The prevailing principles to be

26  considered by each M.P.O. when developing a list of project

27  priorities and a transportation improvement program are:

28  preserving the existing transportation infrastructure;

29  enhancing Florida's economic competitiveness; and improving

30  travel choices to ensure mobility. The transportation

31  improvement program will be used to initiate federally aided


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  1  transportation facilities and improvements as well as other

  2  transportation facilities and improvements including transit,

  3  rail, aviation, spaceport, and port facilities to be funded

  4  from the State Transportation Trust Fund within its

  5  metropolitan area in accordance with existing and subsequent

  6  federal and state laws and rules and regulations related

  7  thereto.  The transportation improvement program shall be

  8  consistent, to the maximum extent feasible, with the approved

  9  local government comprehensive plans of the units of local

10  government whose boundaries are within the metropolitan area

11  of the M.P.O.

12         Section 21.  Section 343.56, Florida Statutes, is

13  amended to read:

14         343.56  Bonds not debts or pledges of credit of

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

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

17  of the state.  Such bonds are payable exclusively from

18  revenues pledged for their payment.  All such bonds shall

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

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

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

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

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

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

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

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

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

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

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

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

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


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  1  through the department to the Tri-County Rail system and those

  2  state matching funds required by the United States Department

  3  of Transportation as a condition of federal funding may be

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

  5         Section 22.  Subsection (2) of section 343.63, Florida

  6  Statutes, is amended to read:

  7         343.63  Central Florida Regional Transportation

  8  Authority.--

  9         (2)  The governing board of the authority shall consist

10  of 11 nine voting members, and one nonvoting member as

11  follows:

12         (a)  The county commissions of Seminole, Orange, and

13  Osceola Counties shall each elect a commissioner as that

14  commission's representative on the board.  The commissioner

15  must be a member of the county commission when elected and for

16  the full extent of his or her term.  The terms of the county

17  commissioners on the governing board of the authority shall be

18  2 years.

19         (b)  The mayors of the cities of Altamonte Springs,

20  Orlando, and Kissimmee, or a member of each city commission

21  designated by each mayor, shall serve a term of 2 years on the

22  board.

23         (c)  The Governor shall appoint five two members to the

24  board who are residents and qualified electors in the area

25  served by the board. Two of the members shall be residents of

26  Orange County, one member shall be a resident of Seminole

27  County, one member shall be a resident of Osceola County, and

28  one member shall be a resident of the City of Orlando. All

29  five members One of the members initially appointed by the

30  Governor shall serve a term of 2 years, and the other shall

31


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  1  serve a term of 4 years.  Thereafter, members appointed by the

  2  Governor shall serve a term of 4 years.

  3         (d)  The Secretary of Transportation shall appoint the

  4  district secretary, or his or her designee, for the district

  5  within which the area served by the authority is located and

  6  this member shall be a nonvoting member.

  7         Section 23.  Subsection (6) is added to section 343.64,

  8  Florida Statutes, to read:

  9         343.64  Powers and duties.--

10         (6)  The authority, through a resolution of its

11  governing board, may elect to expand its service area and

12  board partnership with any county which is a contiguous county

13  to the existing Central Florida Regional Transportation

14  Authority service area. The board shall determine the

15  conditions and terms, including the number of representatives

16  of such partnership.

17         Section 24.  Notwithstanding the provisions of section

18  343.64, Florida Statutes, to the contrary, the Central Florida

19  Regional Transportation Authority shall not hire a permanent

20  executive director until the appointments to the authority's

21  governing board have been filled as required by modifications

22  in this act to section 343.63, Florida Statutes.

23         Section 25.  Subsection (9) of section 427.013, Florida

24  Statutes, is amended to read:

25         427.013  The Commission for the Transportation

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

27  the commission is to accomplish the coordination of

28  transportation services provided to the transportation

29  disadvantaged. The goal of this coordination shall be to

30  assure the cost-effective provision of transportation by

31  qualified community transportation coordinators or


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  1  transportation operators for the transportation disadvantaged

  2  without any bias or presumption in favor of multioperator

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

  4  operator systems or for-profit transportation operators. In

  5  carrying out this purpose, the commission shall:

  6         (9)  Develop by rule standards for community

  7  transportation coordinators and any transportation operator or

  8  coordination contractor from whom service is purchased or

  9  arranged by the community transportation coordinator covering

10  coordination, operation, safety, insurance, eligibility for

11  service, costs, and utilization of transportation

12  disadvantaged services. These standards and rules must shall

13  include, but are not be limited to:

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

15  costs for the various modes and types of transportation

16  services provided.

17         (b)  Minimum performance standards for the delivery of

18  services. These standards must should be included in

19  coordinator contracts and transportation operator contracts

20  with clear penalties for repeated or continuing violations.

21         (c)  Minimum liability insurance requirements for all

22  transportation services purchased, provided, or coordinated

23  for the transportation disadvantaged through the community

24  transportation coordinator.

25         Section 26.  Subsection (3) of section 427.0135,

26  Florida Statutes, is amended to read:

27         427.0135  Member departments; duties and

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

29  policies and procedures of the commission, shall:

30         (3)  Assist communities in developing coordinated

31  transportation systems designed to serve the transportation


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

  2  the community transportation coordinator in any designated

  3  service area.

  4         Section 27.  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 28.  Subsection (15) of section 479.01, Florida

30  Statutes, is amended to read:

31


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  1         479.01  Definitions.--As used in this chapter, the

  2  term:

  3         (15)  "Premises" means all the land areas under

  4  ownership or lease arrangement to the sign owner which are

  5  contiguous to the business conducted on the land except for

  6  instances where such land is a narrow strip contiguous to the

  7  advertised activity or is connected by such narrow strip, the

  8  only viable use of such land is to erect or maintain an

  9  advertising sign. When the sign owner is a municipality or

10  county, "premises" shall mean all lands owned or leased by

11  such municipality or county within its jurisdictional

12  boundaries as set forth by law.

13         Section 29.  Subsection (1) of section 479.16, Florida

14  Statutes, is amended to read:

15         479.16  Signs for which permits are not required.--The

16  following signs are exempt from the requirement that a permit

17  for a sign be obtained under the provisions of this chapter

18  but are required to comply with the provisions of s.

19  479.11(4)-(8):

20         (1)  Signs erected on the premises of an establishment,

21  which signs consist primarily of the name of the establishment

22  or which identify the principal or accessory merchandise,

23  services, activities, or entertainment sold, produced,

24  manufactured, or furnished on the premises of the

25  establishment and which comply with the lighting restrictions

26  under department rule adopted pursuant to s. 479.11(5), or

27  signs owned by a municipality or a county located on the

28  premises of such municipality or such county which display

29  information regarding government services, activities, events,

30  or entertainment. For purposes of this section, the following

31  types of messages shall not be considered information


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  1  regarding government services, activities, events, or

  2  entertainment:

  3         (a)  Messages which specifically reference any

  4  commercial enterprise.

  5         (b)  Messages which reference a commercial sponsor of

  6  any event.

  7         (c)  Personal messages.

  8         (d)  Political campaign messages.

  9

10  If a sign located on the premises of an establishment consists

11  principally of brand name or trade name advertising and the

12  merchandise or service is only incidental to the principal

13  activity, or if the owner of the establishment receives rental

14  income from the sign, then the sign is not exempt under this

15  subsection.

16         Section 30.  Section 552.30, Florida Statutes, is

17  created to read:

18         552.30  Construction materials mining activities.--

19         (1)  Notwithstanding the provisions of s. 552.25, the

20  State Fire Marshal shall have the sole and exclusive authority

21  to promulgate standards, limits, and regulations regarding the

22  use of explosives in conjunction with construction materials

23  mining activities. Such authority to regulate use shall

24  include, directly or indirectly, the operation, handling,

25  licensure, or permitting of explosives and setting standards

26  or limits, including, but not limited to, ground vibration,

27  frequency, intensity, blast pattern, air blast and time, date,

28  occurrence, and notice restrictions. As used in this section,

29  "construction materials mining activities" means the

30  extraction of limestone and sand suitable for production of

31  construction aggregates, sand, cement, and road base materials


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  1  by any person or company primarily engaged in the commercial

  2  mining of any such natural resources.

  3         (2)  The State Fire Marshal shall establish statewide

  4  ground vibration limits for construction materials mining

  5  activities which conform to those limits established in the

  6  United States Bureau of Mines, Report of Investigations 8507,

  7  Appendix B - Alternative Blasting Level Criteria (Figure B-1).

  8  The State Fire Marshal may, at his or her sole discretion, by

  9  rule or formal agreement, delegate to the applicable

10  municipality or county, the monitoring and enforcement

11  components of regulations governing the use of explosives, as

12  recognized in this section, by construction materials mining

13  activities. Such delegation may include the assessment and

14  collection of reasonable fees by the municipality or county

15  for the purpose of carrying out the delegated activities.

16         Section 31.  Section 325.205, Florida Statutes, is

17  created to read:

18         325.205  State Implementation Plan.--Within 90 days

19  after the effective date of this bill, the Department of

20  Environmental Protection shall initiate a revision of the

21  United States Environmental Protection Agency approved State

22  Implementation Plan for the program area to back out the

23  emission credits from the motor vehicle inspection program.

24         Section 32.  Effective July 1, 2000, sections 325.001,

25  325.201, 325.202, 325.203, 325.204, 325.206, 325.207,

26  325.2075, 325.208, 325.209, 325.210, 325.211, 325.212,

27  325.213, 325.2135, 325.214, 325.215, 325.216, 325.217,

28  325.218, and 325.219, Florida Statutes, are repealed.

29         Section 33.  Subsection (7) of section 316.2935,

30  Florida Statutes, is amended to read:

31


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  1         316.2935  Air pollution control equipment; tampering

  2  prohibited; penalty.--

  3         (7)  The Department of Environmental Protection shall

  4  adopt rules that define the specific wording of the required

  5  certification and the circumstances under which the

  6  certificate is not required. In addition, the department shall

  7  adopt rules as necessary to conform to requirements of federal

  8  law, to establish procedures to determine compliance with this

  9  section, including specifying what tampering activities

10  constitute a violation of this section, and to provide for

11  exceptions and waivers, taking into account the provisions of

12  ss. 325.203 and 325.209. For those rules applicable pursuant

13  to subsection (1) to licensed motor vehicle dealers for

14  certification by visual observation, the air pollution control

15  devices or systems that shall be included in such

16  certification for motor vehicles dated model year 1981 or

17  later are the catalytic converter, fuel inlet restrictor,

18  unvented fuel cap, exhaust gas recirculation system (EGR), air

19  pump and/or air injector system (AIS), and fuel evaporative

20  emissions system (EVP). The department may by rule remove or

21  add devices or systems to this test if justified by

22  developments in air pollution control technology or changes in

23  federal law.

24         Section 34.  Subsection (4) of section 320.055, Florida

25  Statutes, is amended to read:

26         320.055  Registration periods; renewal periods.--The

27  following registration periods and renewal periods are

28  established:

29         (4)  For a vehicle subject to registration under s.

30  320.08(13), for vehicles subject to registration under s.

31  320.08(6)(a) that are short-term rental vehicles, as defined


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  1  in s. 325.202(15), and for any vehicle for which a

  2  registration period is not otherwise specified, the

  3  registration period begins June 1 and ends May 31. For a

  4  vehicle subject to this registration period, the renewal

  5  period is the 30-day period beginning June 1.

  6         Section 35.  Except as otherwise provided herein, this

  7  act shall take effect upon becoming a law.

  8

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