House Bill hb1053
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Florida House of Representatives - 2001 HB 1053
By Representative Russell
1 A bill to be entitled
2 An act relating to the Department of
3 Transportation; amending s. 206.46, F.S.;
4 raising the statutory cap on the department's
5 required debt service coverage for right-of-way
6 acquisition and bridge construction; amending
7 s. 255.20, F.S.; exempting certain
8 transportation projects for certain competitive
9 bidding requirements; amending s. 316.302,
10 F.S.; revising a date concerning commercial
11 motor vehicles to conform to federal
12 regulations; amending s. 316.3025, F.S.;
13 updating a cross reference to federal trucking
14 regulations; amending s. 316.515, F.S.;
15 deleting a requirement for a department permit
16 with respect to the height of automobile
17 transporters; amending s. 316.535, F.S.; adding
18 weight requirements for certain commercial
19 trucks; amending s. 316.545, F.S.; correcting a
20 cross reference; amending s. 330.27, F.S.;
21 revising definitions relating to aviation;
22 providing definitions; amending s. 330.29,
23 F.S.; clarifying the department's rulemaking
24 authority with respect to airports; amending s.
25 330.30, F.S.; eliminating airport license fees;
26 revising language with respect to the
27 department's site approval process; eliminating
28 on-site inspections of private airports;
29 creating a registration process for private
30 airports; providing conditions; deleting
31 obsolete language; amending s. 330.35, F.S.;
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1 deleting obsolete language with respect to
2 airport zoning; amending s. 330.36, F.S.;
3 providing conditions under which municipalities
4 may prohibit or otherwise regulate seaplanes;
5 amending s. 334.044, F.S.; authorizing the
6 department to expend promotional money on
7 scenic highway projects; authorizing the
8 department to delegate its drainage permitting
9 responsibilities to other governmental entities
10 under certain circumstances; amending s.
11 335.141, F.S.; eliminating the requirement that
12 the department regulate all train speeds;
13 amending s. 336.141, F.S.; clarifying that a
14 contract already qualified by the Department of
15 Transportation is presumed qualified to bid on
16 county road projects; amending s. 336.44, F.S.;
17 replacing the term "competent" with
18 "responsible bidder"; amending s. 337.107,
19 F.S.; authorizing the department to enter into
20 design-build contracts that include
21 right-of-acquisition services; amending s.
22 337.11, F.S.; raising the cap on certain
23 contracts into which the department can enter
24 without first obtaining bids; adding
25 enhancement projects to the types of projects
26 that can be combined into a design-build
27 contract; specifying that construction on
28 design-build projects may not begin until
29 certain conditions have been met; amending s.
30 337.14, F.S.; clarifying that contractors
31 qualified by the Department of Transportation
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1 are presumed qualified to bid on projects for
2 expressway authorities; amending s. 337.401,
3 F.S.; providing that for projects on public
4 roads or rail corridors under the department's
5 jurisdiction, a utility relocation schedule and
6 relocation agreement may be executed in lieu of
7 a written permit; amending s. 339.08, F.S.;
8 clarifying language with respect to the use of
9 moneys in the State Transportation Trust Fund;
10 amending s. 339.12, F.S.; providing that local
11 governments which perform projects for the
12 department are reimbursed promptly; amending s.
13 339.135, F.S.; increasing the statutory
14 budgetary amendment caps for certain
15 activities; amending s. 341.051, F.S.; deleting
16 obsolete language; amending s. 341.302, F.S.;
17 deleting language requiring the department to
18 perform certain railroad regulation tasks which
19 are federal responsibilities; amending s.
20 479.15, F.S.; revising language with respect to
21 harmony of regulations concerning lawfully
22 erected signs; creating s. 479.25, F.S.;
23 authorizing local governments to enter into
24 agreements which allow outdoor signs to be
25 erected above sound barriers; amending s.
26 496.425, F.S.; redefining the term "facility";
27 creating s. 496.4256, F.S.; providing that a
28 governmental entity or authority that owns or
29 operates welcome centers, wayside parks,
30 service plazas, or rest areas on the state
31 highway system are not required to issue a
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1 permit to, or grant access to, any person for
2 the purpose of soliciting funds; repealing s.
3 316.3027, F.S.; relating to identification
4 requirements on certain commercial motor
5 vehicles; repealing s. 316.610(3), F.S.;
6 relating to certain inspections of certain
7 commercial motor vehicles; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (2) of section 206.46, Florida
13 Statutes, is amended to read:
14 206.46 State Transportation Trust Fund.--
15 (2) Notwithstanding any other provisions of law, from
16 the revenues deposited into the State Transportation Trust
17 Fund a maximum of 7 percent in each fiscal year shall be
18 transferred into the Right-of-Way Acquisition and Bridge
19 Construction Trust Fund created in s. 215.605, as needed to
20 meet the requirements of the documents authorizing the bonds
21 issued or proposed to be issued under ss. 215.605 and 337.276
22 or at a minimum amount sufficient to pay for the debt service
23 coverage requirements of outstanding bonds. Notwithstanding
24 the 7 percent annual transfer authorized in this subsection,
25 the annual amount transferred under this subsection shall not
26 exceed an amount necessary to provide the required debt
27 service coverage levels for a maximum debt service not to
28 exceed $200 $135 million. Such transfer shall be payable
29 primarily from the motor and diesel fuel taxes transferred to
30 the State Transportation Trust Fund from the Fuel Tax
31 Collection Trust Fund.
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1 Section 2. Paragraph (a) of subsection (1) of section
2 255.20, Florida Statutes, is amended to read:
3 255.20 Local bids and contracts for public
4 construction works; specification of state-produced lumber.--
5 (1) A county, municipality, special district as
6 defined in chapter 189, or other political subdivision of the
7 state seeking to construct or improve a public building,
8 structure, or other public construction works must
9 competitively award to an appropriately licensed contractor
10 each project that is estimated in accordance with generally
11 accepted cost-accounting principles to have total construction
12 project costs of more than $200,000. For electrical work,
13 local government must competitively award to an appropriately
14 licensed contractor each project that is estimated in
15 accordance with generally accepted cost-accounting principles
16 to have a cost of more than $50,000. As used in this section,
17 the term "competitively award" means to award contracts based
18 on the submission of sealed bids, proposals submitted in
19 response to a request for proposal, proposals submitted in
20 response to a request for qualifications, or proposals
21 submitted for competitive negotiation. This subsection
22 expressly allows contracts for construction management
23 services, design/build contracts, continuation contracts based
24 on unit prices, and any other contract arrangement with a
25 private sector contractor permitted by any applicable
26 municipal or county ordinance, by district resolution, or by
27 state law. For purposes of this section, construction costs
28 include the cost of all labor, except inmate labor, and
29 include the cost of equipment and materials to be used in the
30 construction of the project. Subject to the provisions of
31 subsection (3), the county, municipality, special district, or
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1 other political subdivision may establish, by municipal or
2 county ordinance or special district resolution, procedures
3 for conducting the bidding process.
4 (a) The provisions of this subsection do not apply:
5 1. When the project is undertaken to replace,
6 reconstruct, or repair an existing facility damaged or
7 destroyed by a sudden unexpected turn of events, such as an
8 act of God, riot, fire, flood, accident, or other urgent
9 circumstances, and such damage or destruction creates:
10 a. An immediate danger to the public health or safety;
11 b. Other loss to public or private property which
12 requires emergency government action; or
13 c. An interruption of an essential governmental
14 service.
15 2. When, after notice by publication in accordance
16 with the applicable ordinance or resolution, the governmental
17 entity does not receive any responsive bids or responses.
18 3. To construction, remodeling, repair, or improvement
19 to a public electric or gas utility system when such work on
20 the public utility system is performed by personnel of the
21 system.
22 4. To construction, remodeling, repair, or improvement
23 by a utility commission whose major contracts are to construct
24 and operate a public electric utility system.
25 5. When the project is undertaken as repair or
26 maintenance of an existing public facility.
27 6. When the project is undertaken exclusively as part
28 of a public educational program.
29 7. When the funding source of the project will be
30 diminished or lost because the time required to competitively
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1 award the project after the funds become available exceeds the
2 time within which the funding source must be spent.
3 8. When the local government has competitively awarded
4 a project to a private sector contractor and the contractor
5 has abandoned the project before completion or the local
6 government has terminated the contract.
7 9. When the governing board of the local government,
8 after public notice, conducts a public meeting under s.
9 286.011 and finds by a majority vote of the governing board
10 that it is in the public's best interest to perform the
11 project using its own services, employees, and equipment. The
12 public notice must be published at least 14 days prior to the
13 date of the public meeting at which the governing board takes
14 final action to apply this subparagraph. The notice must
15 identify the project, the estimated cost of the project, and
16 specify that the purpose for the public meeting is to consider
17 whether it is in the public's best interest to perform the
18 project using the local government's own services, employees,
19 and equipment. In deciding whether it is in the public's best
20 interest for local government to perform a project using its
21 own services, employees, and equipment, the governing board
22 may consider the cost of the project, whether the project
23 requires an increase in the number of government employees, an
24 increase in capital expenditures for public facilities,
25 equipment or other capital assets, the impact on local
26 economic development, the impact on small and minority
27 business owners, the impact on state and local tax revenues,
28 whether the private sector contractors provide health
29 insurance and other benefits equivalent to those provided by
30 the local government, and any other factor relevant to what is
31 in the public's best interest.
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1 10. When the governing board of the local government
2 determines upon consideration of specific substantive criteria
3 and administrative procedures that it is in the best interest
4 of the local government to award the project to an
5 appropriately licensed private sector contractor according to
6 procedures established by and expressly set forth in a
7 charter, ordinance, or resolution of the local government
8 adopted prior to July 1, 1994. The criteria and procedures
9 must be set out in the charter, ordinance, or resolution and
10 must be applied uniformly by the local government to avoid
11 award of any project in an arbitrary or capricious manner.
12 This exception shall apply when all of the following occur:
13 a. When the governing board of the local government,
14 after public notice, conducts a public meeting under s.
15 286.011 and finds by a two-thirds vote of the governing board
16 that it is in the public's best interest to award the project
17 according to the criteria and procedures established by
18 charter, ordinance, or resolution. The public notice must be
19 published at least 14 days prior to the date of the public
20 meeting at which the governing board takes final action to
21 apply this subparagraph. The notice must identify the
22 project, the estimated cost of the project, and specify that
23 the purpose for the public meeting is to consider whether it
24 is in the public's best interest to award the project using
25 the criteria and procedures permitted by the preexisting
26 ordinance.
27 b. In the event the project is to be awarded by any
28 method other than a competitive selection process, the
29 governing board must find evidence that:
30 (I) There is one appropriately licensed contractor who
31 is uniquely qualified to undertake the project because that
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1 contractor is currently under contract to perform work that is
2 affiliated with the project; or
3 (II) The time to competitively award the project will
4 jeopardize the funding for the project, or will materially
5 increase the cost of the project or will create an undue
6 hardship on the public health, safety, or welfare.
7 c. In the event the project is to be awarded by any
8 method other than a competitive selection process, the
9 published notice must clearly specify the ordinance or
10 resolution by which the private sector contractor will be
11 selected and the criteria to be considered.
12 d. In the event the project is to be awarded by a
13 method other than a competitive selection process, the
14 architect or engineer of record has provided a written
15 recommendation that the project be awarded to the private
16 sector contractor without competitive selection; and the
17 consideration by, and the justification of, the government
18 body are documented, in writing, in the project file and are
19 presented to the governing board prior to the approval
20 required in this paragraph.
21 11. To projects subject to chapter 336.
22 Section 3. Paragraph (b) of subsection (1) of section
23 316.302, Florida Statutes, is amended to read:
24 316.302 Commercial motor vehicles; safety regulations;
25 transporters and shippers of hazardous materials;
26 enforcement.--
27 (1)
28 (b) Except as otherwise provided in this section, all
29 owners or drivers of commercial motor vehicles that are
30 engaged in intrastate commerce are subject to the rules and
31 regulations contained in 49 C.F.R. parts 382, 385, and
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1 390-397, with the exception of 49 C.F.R. s. 390.5 as it
2 relates to the definition of bus, as such rules and
3 regulations existed on October 1, 2000 March 1, 1999.
4 Section 4. Paragraph (a) of subsection (3) of section
5 316.3025, Florida Statutes, is amended to read:
6 316.3025 Penalties.--
7 (3)(a) A civil penalty of $50 may be assessed for a
8 violation of 49 C.F.R. s. 390.21 s. 316.3027.
9 Section 5. Subsection (2) of section 316.515, Florida
10 Statutes, is amended to read:
11 316.515 Maximum width, height, length.--
12 (2) HEIGHT LIMITATION.--No vehicle may exceed a height
13 of 13 feet 6 inches, inclusive of load carried thereon.
14 However, an automobile transporter may, with a permit from the
15 Department of Transportation, measure a height not to exceed
16 14 feet, inclusive of the load carried thereon.
17 Section 6. Subsection (6) of section 316.535, Florida
18 Statutes, is renumbered as subsection (7), present subsection
19 (7) is renumbered as subsection (8) and amended, and a new
20 subsection (6) is added to said section to read:
21 316.535 Maximum weights.--
22 (6) Dump trucks, concrete mixing trucks, trucks
23 engaged in waste collection and disposal, and fuel oil and
24 gasoline trucks designed and constructed for special type work
25 or use, when operated as a single unit, shall be subject to
26 all safety and operational requirements of law, except that
27 any such vehicle need not conform to the axle spacing
28 requirements of this section provided that such vehicle shall
29 be limited to a total gross load, including the weight of the
30 vehicle, of 20,000 pounds per axle plus scale tolerances and
31 shall not exceed 550 pounds per inch width tire surface plus
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1 scale tolerances. No vehicle operating pursuant to this
2 section shall exceed a gross weight, including the weight of
3 the vehicle and scale tolerances, of 70,000 pounds. Any
4 vehicle violating the weight provisions of this section shall
5 be penalized as provided in s. 316.545.
6 (7)(6) The Department of Transportation shall adopt
7 rules to implement this section, shall enforce this section
8 and the rules adopted hereunder, and shall publish and
9 distribute tables and other publications as deemed necessary
10 to inform the public.
11 (8)(7) Except as hereinafter provided, no vehicle or
12 combination of vehicles exceeding the gross weights specified
13 in subsections (3), (4), and (5), and (6) shall be permitted
14 to travel on the public highways within the state.
15 Section 7. Paragraph (a) of subsection (2) of section
16 316.545, Florida Statutes, is amended to read:
17 316.545 Weight and load unlawful; special fuel and
18 motor fuel tax enforcement; inspection; penalty; review.--
19 (2)(a) Whenever an officer, upon weighing a vehicle or
20 combination of vehicles with load, determines that the axle
21 weight or gross weight is unlawful, the officer may require
22 the driver to stop the vehicle in a suitable place and remain
23 standing until a determination can be made as to the amount of
24 weight thereon and, if overloaded, the amount of penalty to be
25 assessed as provided herein. However, any gross weight over
26 and beyond 6,000 pounds beyond the maximum herein set shall be
27 unloaded and all material so unloaded shall be cared for by
28 the owner or operator of the vehicle at the risk of such owner
29 or operator. Except as otherwise provided in this chapter, to
30 facilitate compliance with and enforcement of the weight
31 limits established in s. 316.535, weight tables published
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1 pursuant to s. 316.535(7) (6) shall include a 10-percent scale
2 tolerance and shall thereby reflect the maximum scaled weights
3 allowed any vehicle or combination of vehicles. As used in
4 this section, scale tolerance means the allowable deviation
5 from legal weights established in s. 316.535. Notwithstanding
6 any other provision of the weight law, if a vehicle or
7 combination of vehicles does not exceed the gross, external
8 bridge, or internal bridge weight limits imposed in s. 316.535
9 and the driver of such vehicle or combination of vehicles can
10 comply with the requirements of this chapter by shifting or
11 equalizing the load on all wheels or axles and does so when
12 requested by the proper authority, the driver shall not be
13 held to be operating in violation of said weight limits.
14 Section 8. Section 330.27, Florida Statutes, is
15 amended to read:
16 330.27 Definitions, when used in ss. 330.29-330.36,
17 330.38, 330.39.--
18 (1) "Aircraft" means a powered or unpowered machine or
19 device capable of atmosphere flight any motor vehicle or
20 contrivance now known, or hereafter invented, which is used or
21 designed for navigation of or flight in the air, except a
22 parachute or other such device contrivance designed for such
23 navigation but used primarily as safety equipment.
24 (2) "Airport" means an any area of land or water, or
25 any manmade object or facility located thereon, which is used
26 for, or intended to be used for, use, for the landing and
27 takeoff of aircraft, including and any appurtenant areas,
28 which are used, or intended for use, for airport buildings, or
29 other airport facilities, or rights-of-way necessary to
30 facilitate such use or intended use, together with all airport
31 buildings and facilities located thereon.
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1 (3) "Airport hazard" means any structure, object of
2 natural growth, or use of land which obstructs the airspace
3 required for the flight of aircraft in landing or taking off
4 at an airport or which is otherwise hazardous to such landing
5 or taking off.
6 (4) "Aviation" means the science and art of flight and
7 includes, but is not limited to, transportation by aircraft;
8 the operation, construction, repair, or maintenance of
9 aircraft, aircraft power plants, and accessories, including
10 the repair, packing, and maintenance of parachutes; the
11 design, establishment, construction, extension, operation,
12 improvement, repair, or maintenance of airports or other air
13 navigation facilities; and instruction in flying or ground
14 subjects pertaining thereto.
15 (3)(5) "Department" means the Department of
16 Transportation.
17 (4)(6) "Limited airport" means any an airport,
18 publicly or privately owned, limited exclusively to the
19 specific conditions stated on the site approval order or
20 license.
21 (7) "Operation of aircraft" or "operate aircraft"
22 means the use, navigation, or piloting of aircraft in the
23 airspace over this state or upon any airport within this
24 state.
25 (8) "Political subdivision" means any county,
26 municipality, district, port or aviation commission or
27 authority, or similar entity authorized to establish or
28 operate an airport in this state.
29 (5)(9) "Private airport" means an airport, publicly or
30 privately owned, which is not open or available for use by the
31 public. A private airport is registered with the department
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1 for use of the person or persons registering the facility used
2 primarily by the licensee but may be made which is available
3 to others for use by invitation of the registrant licensee.
4 Services may be provided if authorized by the department.
5 (6)(10) "Public airport" means an airport, publicly or
6 privately owned, which meets minimum safety and service
7 standards and is open for use by the public as listed in the
8 current United States Government Flight Information
9 Publication, Airport Facility Directory. A public airport is
10 licensed by the department as meeting minimum safety
11 standards.
12 (7)(11) "Temporary airport" means any an airport,
13 publicly or privately owned, that will be used for a period of
14 less than 90 days with no more than 10 operations per day.
15 (8)(12) "Ultralight aircraft" means any
16 heavier-than-air, motorized aircraft meeting which meets the
17 criteria for maximum weight, fuel capacity, and airspeed
18 established for such aircraft by the Federal Aviation
19 Regulation Administration under Part 103 of the Federal
20 Aviation Regulations.
21 Section 9. Section 330.29, Florida Statutes, is
22 amended to read:
23 330.29 Administration and enforcement; rules;
24 standards for airport sites and airports.--It is the duty of
25 the department to:
26 (1) Administer and enforce the provisions of this
27 chapter.
28 (2) Establish minimum standards for airport sites and
29 airports under its licensing and registration jurisdiction.
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1 (3) Establish and maintain a state aviation data
2 system to facilitate licensing and registration of all
3 airports.
4 (4)(3) Adopt rules pursuant to ss. 120.536(1) and
5 120.54 to implement the provisions of this chapter.
6 Section 10. Section 330.30, Florida Statutes, is
7 amended to read:
8 330.30 Approval of airport sites and licensing of
9 airports; fees.--
10 (1) SITE APPROVALS; REQUIREMENTS, FEES, EFFECTIVE
11 PERIOD, REVOCATION.--
12 (a) Except as provided in subsection (3), the owner or
13 lessee of any proposed airport shall, prior to site the
14 acquisition of the site or prior to the construction or
15 establishment of the proposed airport, obtain approval of the
16 airport site from the department. Applications for approval
17 of a site and for an original license shall be jointly made on
18 a form prescribed by the department and shall be accompanied
19 by a site approval fee of $100. The department, after
20 inspection of the airport site, shall grant the site approval
21 if it is satisfied:
22 1. That the site is suitable adequate for the airport
23 as proposed airport;
24 2. That the airport as proposed airport, if
25 constructed or established, will conform to minimum standards
26 of safety and will comply with the applicable local government
27 land development regulation or county or municipal zoning
28 requirements;
29 3. That all nearby airports, local governments
30 municipalities, and property owners have been notified and any
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1 comments submitted by them have been given adequate
2 consideration; and
3 4. That safe air-traffic patterns can be established
4 worked out for the proposed airport with and for all existing
5 airports and approved airport sites in its vicinity.
6 (b) Site approval shall be granted for public airports
7 only after a favorable department inspection of the proposed
8 site.
9 (c) Site approval shall be granted for private
10 airports only after receipt of documents the department deems
11 necessary to validate satisfaction of the conditions in
12 paragraph (a).
13 (d)(b) Site approval may be granted subject to any
14 reasonable conditions which the department deems may deem
15 necessary to protect the public health, safety, or welfare.
16 (e) Such Approval shall remain valid in effect for a
17 period of 2 years after the date of issue issuance of the site
18 approval order, unless sooner revoked by the department or
19 unless, prior to the expiration of the 2-year period, a public
20 airport license is issued or private airport registration
21 granted for an airport located on the approved site has been
22 issued pursuant to subsection (2) prior to the expiration
23 date.
24 (f) The department may extend a site approval may be
25 extended for up to a maximum of 2 years for upon good cause
26 shown by the owner or lessee of the airport site.
27 (g)(c) The department may revoke a site such approval
28 if it determines:
29 1. That there has been an abandonment of the site has
30 been abandoned as an airport site;
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1 2. That there has been a failure within a reasonable
2 time to develop the site has not been developed as an airport
3 within a reasonable time period or development does not to
4 comply with the conditions of the site approval;
5 3. That except as required for in-flight emergencies
6 the operation of aircraft have operated of a nonemergency
7 nature has occurred on the site; or
8 4. That, because of changed physical or legal
9 conditions or circumstances, the site is no longer usable for
10 the aviation purposes due to physical or legal changes in
11 conditions that were the subject of for which the approval was
12 granted.
13 (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, FEES,
14 RENEWAL, REVOCATION.--
15 (a) Except as provided in subsection (3), the owner or
16 lessee of any an airport in this state must have either a
17 public airport obtain a license or private airport
18 registration prior to the operation of aircraft to or from the
19 facility on the airport. An Application for a such license or
20 registration shall be made on a form prescribed by the
21 department and shall be accomplished jointly with an
22 application for site approval. Upon granting site approval:,
23 making a favorable final airport inspection report indicating
24 compliance with all license requirements, and receiving the
25 appropriate license fee, the department shall issue a license
26 to the applicant, subject to any reasonable conditions that
27 the department may deem necessary to protect the public
28 health, safety, or welfare.
29 1. For a public airport, the department shall issue a
30 license after a final airport inspection finds the facility to
31 be in compliance with all requirements for the license. The
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1 license may be subject to any reasonable conditions that the
2 department may deem necessary to protect the public health,
3 safety, or welfare.
4 2. For a private airport, the department shall provide
5 controlled electronic access to the state aviation facility
6 data system to permit the applicant to complete the
7 registration process. Registration shall be completed upon
8 self-certification by the registrant of operational and
9 configuration data deemed necessary by the department.
10 (b) The department is authorized to license a public
11 an airport that does not meet all of the minimum standards
12 only if it determines that such exception is justified by
13 unusual circumstances or is in the interest of public
14 convenience and does not endanger the public health, safety,
15 or welfare. Such a license shall bear the designation
16 "special" and shall state the conditions subject to which the
17 license is granted.
18 (c) The department may authorize a site to be used as
19 a temporary airport if it finds, after inspection of the site,
20 that the airport will not endanger the public health, safety,
21 or welfare. A temporary airport will not require a license or
22 registration. Such Authorization to use a site for a temporary
23 airport will be valid for shall expire not more later than 30
24 90 days after issuance and is not renewable.
25 (d) The license fees for the four categories of
26 airport licenses are:
27 1. Public airport: $100.
28 2. Private airport: $70.
29 3. Limited airport: $50.
30 4. Temporary airport: $25.
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1 Airports owned or operated by the state, a county, or a
2 municipality and emergency helistops operated by licensed
3 hospitals are required to be licensed but are exempt from the
4 payment of site approval fees and annual license fees.
5 (d)(e)1. Each public airport license will expire no
6 later than 1 year after the effective date of the license,
7 except that the expiration date of a license may be adjusted
8 to provide a maximum license period of 18 months to facilitate
9 airport inspections, recognize seasonal airport operations, or
10 improve administrative efficiency. If the expiration date for
11 a public airport is adjusted, the appropriate license fee
12 shall be determined by prorating the annual fee based on the
13 length of the adjusted license period.
14 2. Registration The license period for private all
15 airports other than public airports will remain valid provided
16 specific elements of airport data, established by the
17 department, are periodically recertified by the airport
18 registrant. The ability to recertify private airport
19 registration data shall be available at all times by
20 electronic submittal. Recertification shall be required each
21 12 months. A private airport registration that has not been
22 recertified in the 12-month period following the last
23 certification shall expire. The expiration date of the current
24 registration period will be clearly identifiable from the
25 state aviation facility data system. be set by the department,
26 but shall not exceed a period of 5 years. In determining the
27 license period for such airports, the department shall
28 consider the number of based aircraft, the airport location
29 relative to adjacent land uses and other airports, and any
30 other factors deemed by the department to be critical to
31 airport operation and safety.
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1 3. The effective date and expiration date shall be
2 shown on public airport licenses stated on the face of the
3 license. Upon receiving an application for renewal of a public
4 airport license on a form prescribed by the department and,
5 making a favorable inspection report indicating compliance
6 with all applicable requirements and conditions, and receiving
7 the appropriate annual license fee, the department shall renew
8 the license, subject to any conditions deemed necessary to
9 protect the public health, safety, or welfare.
10 4. The department may require a new site approval for
11 any an airport if the license or registration of the airport
12 has expired not been renewed by the expiration date.
13 5. If the renewal application for a public airport
14 license has and fees have not been received by the department
15 or no private airport registration recertification has been
16 accomplished within 15 days after the date of expiration of
17 the license, the department may close the airport.
18 (e)(f) The department may revoke any airport
19 registration, license, or license renewal thereof, or refuse
20 to allow registration or issue a registration or license
21 renewal, if it determines:
22 1. That the site there has been abandoned as an an
23 abandonment of the airport as such;
24 2. That the airport does not there has been a failure
25 to comply with the registration, license, license renewal, or
26 site conditions of the license or renewal thereof; or
27 3. That, because of changed physical or legal
28 conditions or circumstances, the airport has become either
29 unsafe or unusable for flight operation due to physical or
30 legal changes in conditions that were the subject of approval
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1 the aeronautical purposes for which the license or renewal was
2 issued.
3 (3) EXEMPTIONS.--The provisions of this section do not
4 apply to:
5 (a) An airport owned or operated by the United States.
6 (b) An ultralight aircraft landing area; except that
7 any public ultralight airport located more than within 5
8 nautical miles from a of another public airport or military
9 airport, except or any ultralight landing area with more than
10 10 ultralight aircraft operating from the site is subject to
11 the provisions of this section.
12 (c) A helistop used solely in conjunction with a
13 construction project undertaken pursuant to the performance of
14 a state contract if the purpose of the helicopter operations
15 at the site is to expedite construction.
16 (d) An airport under the jurisdiction or control of a
17 county or municipal aviation authority or a county or
18 municipal port authority or the Spaceport Florida Authority;
19 however, the department shall license any such airport if such
20 authority does not elect to exercise its exemption under this
21 subsection.
22 (d)(e) A helistop used by mosquito control or
23 emergency services, not to include areas where permanent
24 facilities are installed, such as hospital landing sites.
25 (e)(f) An airport which meets the criteria of s.
26 330.27(11) used exclusively for aerial application or spraying
27 of crops on a seasonal basis, not to include any licensed
28 airport where permanent crop aerial application or spraying
29 facilities are installed, if the period of operation does not
30 exceed 30 days per calendar year. Such proposed airports,
31 which will be located within 3 miles of existing airports or
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1 approved airport sites, shall work out safe air-traffic
2 patterns with such existing airports or approved airport
3 sites, by memorandums of understanding, or by letters of
4 agreement between the parties representing the airports or
5 sites.
6 Section 11. Subsection (2) of section 330.35, Florida
7 Statutes, is amended to read:
8 330.35 Airport zoning, approach zone protection.--
9 (2) Airports licensed for general public use under the
10 provisions of s. 330.30 are eligible for airport zoning
11 approach zone protection, and the procedure shall be the same
12 as is prescribed in chapter 333.
13 Section 12. Subsection (2) of section 330.36, Florida
14 Statutes, is amended to read:
15 330.36 Prohibition against county or municipal
16 licensing of airports; regulation of seaplane landings.--
17 (2) A municipality may prohibit or otherwise regulate,
18 for specified public health and safety purposes, the landing
19 of seaplanes in and upon any public waters of the state which
20 are located within the limits or jurisdiction of, or bordering
21 on, the municipality upon adoption of zoning requirements in
22 compliance with the provisions of subsection (1).
23 Section 13. Subsection (5) and paragraph (b) of
24 subsection (15) of section 334.044, Florida Statutes, are
25 amended to read:
26 334.044 Department; powers and duties.--The department
27 shall have the following general powers and duties:
28 (5) To purchase, lease, or otherwise acquire property
29 and materials, including the purchase of promotional items as
30 part of public information and education campaigns for the
31 promotion of scenic highways, traffic and train safety
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1 awareness, alternatives to single-occupant vehicle travel, and
2 commercial motor vehicle safety; to purchase, lease, or
3 otherwise acquire equipment and supplies; and to sell,
4 exchange, or otherwise dispose of any property that is no
5 longer needed by the department.
6 (15) To regulate and prescribe conditions for the
7 transfer of stormwater to the state right-of-way as a result
8 of manmade changes to adjacent properties.
9 (b) The department is specifically authorized to adopt
10 rules which set forth the purpose; necessary definitions;
11 permit exceptions; permit and assurance requirements; permit
12 application procedures; permit forms; general conditions for a
13 drainage permit; provisions for suspension or revocation of a
14 permit; and provisions for department recovery of fines,
15 penalties, and costs incurred due to permittee actions. In
16 order to avoid duplication and overlap with other units of
17 government, the department shall accept a surface water
18 management permit issued by a water management district, the
19 Department of Environmental Protection, a surface water
20 management permit issued by a delegated local government, or a
21 permit issued pursuant to an approved Stormwater Management
22 Plan or Master Drainage Plan; provided issuance is based on
23 requirements equal to or more stringent than those of the
24 department. The department may enter into a permit delegation
25 agreement with a governmental entity provided issuance is
26 based on requirements that the department determines will
27 ensure the safety and integrity of the Department of
28 Transportation facilities.
29 Section 14. Subsections (3), (4), and (5) of section
30 335.141, Florida Statutes, are amended to read:
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1 335.141 Regulation of public railroad-highway grade
2 crossings; reduction of hazards.--
3 (3) The department is authorized to regulate the speed
4 limits of railroad traffic on a municipal, county, regional,
5 or statewide basis. Such speed limits shall be established by
6 order of the department, which order is subject to the
7 provisions of chapter 120. The department shall have the
8 authority to adopt reasonable rules to carry out the
9 provisions of this subsection. Such rules shall, at a minimum,
10 provide for public input prior to the issuance of any such
11 order.
12 (4) Jurisdiction to enforce such orders shall be as
13 provided in s. 316.640, and any penalty for violation thereof
14 shall be imposed upon the railroad company guilty of such
15 violation. Nothing herein shall prevent a local governmental
16 entity from enacting ordinances relating to the blocking of
17 streets by railroad engines and cars.
18 (4)(5) Any local governmental entity or other public
19 or private agency planning a public event, such as a parade or
20 race, that involves the crossing of a railroad track shall
21 notify the railroad as far in advance of the event as possible
22 and in no case less than 72 hours in advance of the event so
23 that the coordination of the crossing may be arranged by the
24 agency and railroad to assure the safety of the railroad
25 trains and the participants in the event.
26 Section 15. Subsection (4) is added to section 336.41,
27 Florida Statutes, to read:
28 336.41 Counties; employing labor and providing road
29 equipment; definitions.--
30 (4)(a) For contracts in excess of $250,000, any
31 governmental entity or authority may require that persons
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1 interested in performing work under the contract first be
2 certified or qualified to do the work. Any contractor
3 prequalified and considered eligible to bid by the department
4 to perform the type of work described under the contract shall
5 be presumed to be qualified to perform the work so described.
6 The governmental entity or authority may provide an appeal
7 process to overcome that presumption with de novo review based
8 on the record below to the circuit court.
9 (b) The governmental entity or authority shall publish
10 prequalification criteria and procedures prior to
11 advertisement or notice of solicitation. Such publications
12 shall include notice of a public hearing for comment on such
13 criteria and procedures prior to adoption. The procedures
14 shall provide for an appeal process within the governmental
15 entity or authority for objections to the prequalification
16 process with de novo review based on the record below to the
17 circuit court.
18 (c) The contracting entity shall also publish for
19 comment, prior to adoption, the selection criteria and
20 procedures to be used by the governmental entity or authority
21 if such procedures would allow selection of other than the
22 lowest responsible bidder. The selection criteria shall
23 include an appeal process within the contracting entity with
24 de novo review based on the record below to the circuit court.
25
26 The provisions of this subsection shall only apply to
27 contracts which are advertised for prequalification by an
28 authority on or after July 1, 2001.
29 Section 16. Subsection (2) of section 336.44, Florida
30 Statutes, is amended to read:
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1 336.44 Counties; contracts for construction of roads;
2 procedure; contractor's bond.--
3 (2) Such contracts shall be let to the lowest
4 responsible competent bidder, after publication of notice for
5 bids containing specifications furnished by the commissioners
6 in a newspaper published in the county where such contract is
7 made, at least once each week for 2 consecutive weeks prior to
8 the making of such contract.
9 Section 17. Section 337.107, Florida Statutes, is
10 amended to read:
11 337.107 Contracts for right-of-way services.--The
12 department may enter into contracts pursuant to s. 287.055 for
13 right-of-way services on transportation corridors and
14 transportation facilities or the department may include
15 right-of-way services as part of design-build contracts
16 awarded pursuant to s. 337.11. Right-of-way services include
17 negotiation and acquisition services, appraisal services,
18 demolition and removal of improvements, and asbestos-abatement
19 services.
20 Section 18. Paragraph (c) of subsection (6) and
21 paragraph (a) of subsection (7) of section 337.11, Florida
22 Statutes, are amended to read:
23 337.11 Contracting authority of department; bids;
24 emergency repairs, supplemental agreements, and change orders;
25 combined design and construction contracts; progress payments;
26 records; requirements of vehicle registration.--
27 (6)
28 (c) When the department determines that it is in the
29 best interest of the public for reasons of public concern,
30 economy, improved operations or safety, and only when
31 circumstances dictate rapid completion of the work, the
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1 department may, up to the threshold amount of $120,000
2 provided in s. 287.017 for CATEGORY FOUR, enter into contracts
3 for construction and maintenance without advertising and
4 receiving competitive bids. However, if legislation is enacted
5 by the Legislature which changes the category thresholds, the
6 threshold amount shall remain at $60,000. The department may
7 enter into such contracts only upon a determination that the
8 work is necessary for one of the following reasons:
9 1. To ensure timely completion of projects or
10 avoidance of undue delay for other projects;
11 2. To accomplish minor repairs or construction and
12 maintenance activities for which time is of the essence and
13 for which significant cost savings would occur; or
14 3. To accomplish nonemergency work necessary to ensure
15 avoidance of adverse conditions that affect the safe and
16 efficient flow of traffic.
17
18 The department shall make a good faith effort to obtain two or
19 more quotes, if available, from qualified contractors before
20 entering into any contract. The department shall give
21 consideration to disadvantaged business enterprise
22 participation. However, when the work exists within the limits
23 of an existing contract, the department shall make a good
24 faith effort to negotiate and enter into a contract with the
25 prime contractor on the existing contract.
26 (7)(a) If the head of the department determines that
27 it is in the best interests of the public, the department may
28 combine the design and construction phases of a building, a
29 major bridge, an enhancement project, or a rail corridor
30 project into a single contract. Such contract is referred to
31 as a design-build contract. Design-build contracts may be
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1 advertised and awarded notwithstanding the requirements of
2 paragraph (c) of subsection (3). However, construction
3 activities may not begin on any portion of such projects until
4 title to the necessary rights-of-way and easements for the
5 construction of such portion of the project has vested in the
6 state or a local governmental entity and all railroad crossing
7 and utility agreements have been executed. Title to
8 rights-of-way vests in the state when the title has been
9 dedicated to the public or acquired by prescription.
10 Section 19. Subsection (4) of section 337.14, Florida
11 Statutes, is amended, and subsection (9) is added to said
12 section, to read:
13 337.14 Application for qualification; certificate of
14 qualification; restrictions; request for hearing.--
15 (4) If the applicant is found to possess the
16 prescribed qualifications, the department shall issue to him
17 or her a certificate of qualification that which, unless
18 thereafter revoked by the department for good cause, will be
19 valid for a period of 18 16 months after from the date of the
20 applicant's financial statement or such shorter period as the
21 department prescribes may prescribe. If In the event the
22 department finds that an application is incomplete or contains
23 inadequate information or information that which cannot be
24 verified, the department may request in writing that the
25 applicant provide the necessary information to complete the
26 application or provide the source from which any information
27 in the application may be verified. If the applicant fails to
28 comply with the initial written request within a reasonable
29 period of time as specified therein, the department shall
30 request the information a second time. If the applicant fails
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1 to comply with the second request within a reasonable period
2 of time as specified therein, the application shall be denied.
3 (9)(a) Notwithstanding any other law to the contrary,
4 for contracts in excess of $250,000, an authority created
5 pursuant to chapter 348 or chapter 349 may require that
6 persons interested in performing work under the contract first
7 be certified or qualified to do the work. Any contractor
8 prequalified and considered eligible by the department to bid
9 to perform the type of work described under the contract shall
10 be presumed to be qualified to perform the work so described.
11 The governmental entity or authority may provide an appeal
12 process to overcome that presumption with de novo review based
13 on the record below to the circuit court.
14 (b) The authority shall publish prequalification
15 criteria and procedures prior to advertisement or notice of
16 solicitation. Such publications shall include notice of a
17 public hearing for comment on such criteria and procedures
18 prior to adoption. The procedures shall provide for an appeal
19 process within the authority for objections to the
20 prequalification process with de novo review based on the
21 record below to the circuit court.
22 (c) The contracting entity shall also publish for
23 comment, prior to adoption, the selection criteria and
24 procedures to be used by the governmental entity or authority
25 if such procedures would allow selection of other than the
26 lowest responsible bidder. The selection criteria shall
27 include an appeal process within the contracting entity with
28 de novo review based on the record below to the circuit court.
29
30
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1 The provisions of this subsection shall only apply to
2 contracts which are advertised for prequalification by an
3 authority on or after July 1, 2001.
4 Section 20. Subsection (2) of section 337.401, Florida
5 Statutes, is amended to read:
6 337.401 Use of right-of-way for utilities subject to
7 regulation; permit; fees.--
8 (2) The authority may grant to any person who is a
9 resident of this state, or to any corporation which is
10 organized under the laws of this state or licensed to do
11 business within this state, the use of a right-of-way for the
12 utility in accordance with such rules or regulations as the
13 authority may adopt. No utility shall be installed, located,
14 or relocated unless authorized by a written permit issued by
15 the authority. However, for public roads or publicly owned
16 rail corridors under the jurisdiction of the department, a
17 utility relocation schedule and relocation agreement may be
18 executed in lieu of a written permit. The permit shall require
19 the permitholder to be responsible for any damage resulting
20 from the issuance of such permit. The authority may initiate
21 injunctive proceedings as provided in s. 120.69 to enforce
22 provisions of this subsection or any rule or order issued or
23 entered into pursuant thereto.
24 Section 21. Subsections (1) and (2) of section 339.08,
25 Florida Statutes, are amended to read:
26 339.08 Use of moneys in State Transportation Trust
27 Fund.--
28 (1) The department shall expend by rule provide for
29 the expenditure of the moneys in the State Transportation
30 Trust Fund accruing to the department, in accordance with its
31 annual budget.
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1 (2) These rules must restrict The use of such moneys
2 shall be restricted to the following purposes:
3 (a) To pay administrative expenses of the department,
4 including administrative expenses incurred by the several
5 state transportation districts, but excluding administrative
6 expenses of commuter rail authorities that do not operate rail
7 service.
8 (b) To pay the cost of construction of the State
9 Highway System.
10 (c) To pay the cost of maintaining the State Highway
11 System.
12 (d) To pay the cost of public transportation projects
13 in accordance with chapter 341 and ss. 332.003-332.007.
14 (e) To reimburse counties or municipalities for
15 expenditures made on projects in the State Highway System as
16 authorized by s. 339.12(4) upon legislative approval.
17 (f) To pay the cost of economic development
18 transportation projects in accordance with s. 288.063.
19 (g) To lend or pay a portion of the operating,
20 maintenance, and capital costs of a revenue-producing
21 transportation project that is located on the State Highway
22 System or that is demonstrated to relieve traffic congestion
23 on the State Highway System.
24 (h) To match any federal-aid funds allocated for any
25 other transportation purpose, including funds allocated to
26 projects not located in the State Highway System.
27 (i) To pay the cost of county road projects selected
28 in accordance with the Small County Road Assistance Program
29 created in s. 339.2816.
30 (j) To pay the cost of county or municipal road
31 projects selected in accordance with the County Incentive
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1 Grant Program created in s. 339.2817 and the Small County
2 Outreach Program created in s. 339.2818.
3 (k) To provide loans and credit enhancements for use
4 in constructing and improving highway transportation
5 facilities selected in accordance with the state-funded
6 infrastructure bank created in s. 339.55.
7 (l) To fund the Transportation Outreach Program
8 created in s. 339.137.
9 (m) To pay other lawful expenditures of the
10 department.
11 Section 22. Subsection (5) of section 339.12, Florida
12 Statutes, is amended to read:
13 339.12 Aid and contributions by governmental entities
14 for department projects; federal aid.--
15 (5) The department and the governing body of a
16 governmental entity may enter into an agreement by which the
17 governmental entity agrees to perform a highway project or
18 project phase in the department's adopted work program that is
19 not revenue producing or any public transportation project in
20 the adopted work program. By specific provision in the
21 written agreement between the department and the governing
22 body of the governmental entity, the department may agree to
23 compensate reimburse the governmental entity the actual cost
24 for the project or project phase contained in the adopted work
25 program. Compensation Reimbursement to the governmental entity
26 for such project or project phases must be made from funds
27 appropriated by the Legislature, and compensation
28 reimbursement for the cost of the project or project phase is
29 to begin in the year the project or project phase is scheduled
30 in the work program as of the date of the agreement.
31
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1 Section 23. Paragraph (c) of subsection (7) of section
2 339.135, Florida Statutes, is amended to read:
3 339.135 Work program; legislative budget request;
4 definitions; preparation, adoption, execution, and
5 amendment.--
6 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.--
7 (c) The department may amend the adopted work program
8 to transfer appropriations within the department, except that
9 the following amendments shall be subject to the procedures in
10 paragraph (d):
11 1. Any amendment which deletes any project or project
12 phase;
13 2. Any amendment which adds a project estimated to
14 cost over $500,000 $150,000 in funds appropriated by the
15 Legislature;
16 3. Any amendment which advances or defers to another
17 fiscal year, a right-of-way phase, a construction phase, or a
18 public transportation project phase estimated to cost over $1
19 million $500,000 in funds appropriated by the Legislature,
20 except an amendment advancing or deferring a phase for a
21 period of 90 days or less; or
22 4. Any amendment which advances or defers to another
23 fiscal year, any preliminary engineering phase or design phase
24 estimated to cost over $500,000 $150,000 in funds appropriated
25 by the Legislature, except an amendment advancing or deferring
26 a phase for a period of 90 days or less.
27 Section 24. Subsection (5) of section 341.051, Florida
28 Statutes, is amended to read:
29 341.051 Administration and financing of public transit
30 programs and projects.--
31 (5) FUND PARTICIPATION; CAPITAL ASSISTANCE.--
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1 (a) The department may fund up to 50 percent of the
2 nonfederal share of the costs, not to exceed the local share,
3 of any eligible public transit capital project or commuter
4 assistance project that is local in scope; except, however,
5 that departmental participation in the final design,
6 right-of-way acquisition, and construction phases of an
7 individual fixed-guideway project which is not approved for
8 federal funding shall not exceed an amount equal to 12.5
9 percent of the total cost of each phase.
10 (b) The Department of Transportation shall develop a
11 major capital investment policy which shall include policy
12 criteria and guidelines for the expenditure or commitment of
13 state funds for public transit capital projects. The policy
14 shall include the following:
15 1. Methods to be used to determine consistency of a
16 transit project with the approved local government
17 comprehensive plans of the units of local government in which
18 the project is located.
19 2. Methods for evaluating the level of local
20 commitment to a transit project, which is to be demonstrated
21 through system planning and the development of a feasible plan
22 to fund operating cost through fares, value capture techniques
23 such as joint development and special districts, or other
24 local funding mechanisms.
25 3. Methods for evaluating alternative transit systems
26 including an analysis of technology and alternative methods
27 for providing transit services in the corridor.
28 (b)(c) The department is authorized to fund up to 100
29 percent of the cost of any eligible transit capital project or
30 commuter assistance project that is statewide in scope or
31
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1 involves more than one county where no other governmental
2 entity or appropriate jurisdiction exists.
3 (c)(d) The department is authorized to advance up to
4 80 percent of the capital cost of any eligible project that
5 will assist Florida's transit systems in becoming fiscally
6 self-sufficient. Such advances shall be reimbursed to the
7 department on an appropriate schedule not to exceed 5 years
8 after the date of provision of the advances.
9 (d)(e) The department is authorized to fund up to 100
10 percent of the capital and net operating costs of statewide
11 transit service development projects or transit corridor
12 projects. All transit service development projects shall be
13 specifically identified by way of a departmental appropriation
14 request, and transit corridor projects shall be identified as
15 part of the planned improvements on each transportation
16 corridor designated by the department. The project
17 objectives, the assigned operational and financial
18 responsibilities, the timeframe required to develop the
19 required service, and the criteria by which the success of the
20 project will be judged shall be documented by the department
21 for each such transit service development project or transit
22 corridor project.
23 (e)(f) The department is authorized to fund up to 50
24 percent of the capital and net operating costs of transit
25 service development projects that are local in scope and that
26 will improve system efficiencies, ridership, or revenues. All
27 such projects shall be identified in the appropriation request
28 of the department through a specific program of projects, as
29 provided for in s. 341.041, that is selectively applied in the
30 following functional areas and is subject to the specified
31 times of duration:
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1 1. Improving system operations, including, but not
2 limited to, realigning route structures, increasing system
3 average speed, decreasing deadhead mileage, expanding area
4 coverage, and improving schedule adherence, for a period of up
5 to 3 years;
6 2. Improving system maintenance procedures, including,
7 but not limited to, effective preventive maintenance programs,
8 improved mechanics training programs, decreasing service
9 repair calls, decreasing parts inventory requirements, and
10 decreasing equipment downtime, for a period of up to 3 years;
11 3. Improving marketing and consumer information
12 programs, including, but not limited to, automated information
13 services, organized advertising and promotion programs, and
14 signing of designated stops, for a period of up to 2 years;
15 and
16 4. Improving technology involved in overall
17 operations, including, but not limited to, transit equipment,
18 fare collection techniques, electronic data processing
19 applications, and bus locators, for a period of up to 2 years.
20
21 For purposes of this section, the term "net operating costs"
22 means all operating costs of a project less any federal funds,
23 fares, or other sources of income to the project.
24 Section 25. Subsections (7), (8), and (10) of section
25 341.302, Florida Statutes, are amended to read:
26 341.302 Rail program, duties and responsibilities of
27 the department.--The department, in conjunction with other
28 governmental units and the private sector, shall develop and
29 implement a rail program of statewide application designed to
30 ensure the proper maintenance, safety, revitalization, and
31 expansion of the rail system to assure its continued and
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1 increased availability to respond to statewide mobility needs.
2 Within the resources provided pursuant to chapter 216, and as
3 authorized under Title 49 C.F.R. part 212, the department
4 shall:
5 (7) Develop and administer state standards concerning
6 the safety and performance of rail systems, hazardous material
7 handling, and operations. Such standards shall be developed
8 jointly with representatives of affected rail systems, with
9 full consideration given to nationwide industry norms, and
10 shall define the minimum acceptable standards for safety and
11 performance.
12 (8) Conduct, at a minimum, inspections of track and
13 rolling stock,; train signals and related equipment,;
14 hazardous materials transportation, including the loading,
15 unloading, and labeling of hazardous materials at shippers',
16 receivers', and transfer points; and train operating practices
17 to determine adherence to state and federal standards.
18 Department personnel may enforce any safety regulation issued
19 under the Federal Government's preemptive authority over
20 interstate commerce.
21 (10) Administer rail operating and construction
22 programs, which programs shall include the regulation of
23 maximum train operating speeds, the opening and closing of
24 public grade crossings, the construction and rehabilitation of
25 public grade crossings, and the installation of traffic
26 control devices at public grade crossings, the administering
27 of the programs by the department including participation in
28 the cost of the programs.
29 Section 26. Subsection (2) of section 479.15, Florida
30 Statutes, is amended, and subsections (7) and (8) are added to
31 said section, to read:
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1 479.15 Harmony of regulations.--
2 (2) A municipality, county, local zoning authority, or
3 other local governmental entity may not remove, or cause to be
4 removed, any lawfully erected sign along any portion of the
5 interstate, or federal-aid primary, or other highway system
6 without first paying just compensation for such removal. A
7 local governmental entity may not cause in any way the
8 alteration of any lawfully erected sign located along any
9 portion of the interstate, or federal-aid primary, or other
10 highway system without payment of just compensation if such
11 alteration constitutes a taking under state law. Any The
12 municipality, county, local zoning authority, or other
13 governmental local government entity promulgating requirements
14 for such alteration shall must be responsible for payment of
15 just compensation to the sign owner if such alteration
16 constitutes a taking under state law. This subsection applies
17 only to a lawfully erected sign the subject matter of which
18 relates to premises other than the premises on which it is
19 located or to merchandise, services, activities, or
20 entertainment not sold, produced, manufactured, or furnished
21 on the premises on which the sign is located. For purposes of
22 this subsection, the term "federal-aid primary highway system"
23 means the federal-aid primary highway system in existence on
24 June 1, 1991, and any highway which was not on such system but
25 which is, or hereafter becomes, a part of the National Highway
26 System This subsection shall not be interpreted as explicit
27 or implicit legislative recognition that alterations do or do
28 not constitute a taking under state law.
29 (7) The requirement by a governmental entity that a
30 lawfully erected outdoor advertising sign be removed as a
31 condition precedent to the issuance or continued effectiveness
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1 of a development order constitutes a compelled removal, which
2 is prohibited without prior payment of just compensation under
3 subsection (2). The requirement by a governmental entity that
4 a lawfully erected outdoor advertising sign be removed from
5 the premises upon which it is located incident to the
6 voluntary acquisition of such property by a governmental
7 entity constitutes a compelled removal, which is prohibited
8 without prior payment of just compensation under subsection
9 (2).
10 (8) Nothing in this section shall prevent a
11 municipality, county, or other governmental entity from
12 acquiring a lawfully erected sign structure through eminent
13 domain.
14 Section 27. Section 479.25, Florida Statutes, is
15 created to read:
16 479.25 Application of chapter.--Nothing in this
17 chapter shall prevent a governmental entity from entering into
18 an agreement allowing the height above ground level of a
19 lawfully erected sign to be increased at its permitted
20 location if a noise attenuation barrier, visibility screen, or
21 other highway improvement has been erected in such a way as to
22 screen or block visibility of such a sign; provided, however,
23 that for nonconforming signs located on the National Highway
24 System, including interstate federal-aid primary highways,
25 such agreement must be approved by the Federal Highway
26 Administration. Any increase in height permitted under this
27 provision shall only be that which is required to achieve the
28 same degree of visibility from the right-of-way that the sign
29 had prior to the construction of the noise attenuation
30 barrier, visibility screen, or other highway improvement.
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1 Section 28. Paragraph (b) of subsection (1) of section
2 496.425, Florida Statutes, is amended to read:
3 496.425 Solicitation of funds within public
4 transportation facilities.--
5 (1) As used in this section:
6 (b) "Facility" means any public transportation
7 facility, including, but not limited to, railroad stations,
8 bus stations, ship ports, ferry terminals, or roadside welcome
9 stations, highway service plazas, airports served by scheduled
10 passenger service, or highway rest stations.
11 Section 29. Section 496.4256, Florida Statutes, is
12 created to read:
13 496.4256 Public transportation facilities not required
14 to grant permit or access.--A governmental entity or authority
15 that owns or operates welcome centers, wayside parks, service
16 plazas, or rest areas on the state highway system as defined
17 in chapter 335 may not be required to issue a permit or grant
18 any person access to such public transportation facilities for
19 the purpose of soliciting funds.
20 Section 30. Section 316.3027 and subsection (3) of
21 section 316.610, Florida Statutes, are repealed.
22 Section 31. This act shall take effect July 1, 2001.
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1 *****************************************
2 HOUSE SUMMARY
3 Revises various provisions of law with respect to the
Department of Transportation to:
4 1. Raise the statutory cap on the department's
required debt service coverage for right-of-way
5 acquisition and bridge construction.
2. Revise a date concerning commercial motor
6 vehicles to conform to federal regulations.
3. Delete a requirement for a department permit
7 with respect to the height of automobile transporters.
4. Add weight requirements for certain commercial
8 trucks.
5. Revise definitions relating to aviation.
9 6. Clarify the department's rulemaking authority
with respect to airports.
10 7. Eliminate airport license fees, revise language
with respect to the department's site approval process,
11 eliminate on-site inspections of private airports, create
a registration process for private airports, and delete
12 obsolete language.
8. Provide conditions under which municipalities
13 may prohibit or otherwise regulate seaplanes.
9. Authorize the department to expend promotional
14 money on scenic highway projects and to delegate its
drainage permitting responsibilities to other
15 governmental entities under certain circumstances.
10. Eliminate the requirement that the department
16 regulate all train speeds.
11. Authorize the department to enter into
17 design-build contracts that include right-of-acquisition
services.
18 12. Raise the cap on certain contracts into which
the department can enter without first obtaining bids,
19 add enhancement projects to the types of projects that
can be combined into a design-build contract, and specify
20 that construction on design-build projects may not begin
until certain conditions have been met.
21 13. Provide that for projects on public roads or
rail corridors under the department's jurisdiction, a
22 utility relocation schedule and relocation agreement may
be executed in lieu of a written permit.
23 14. Provide that local governments which perform
projects for the department are reimbursed promptly.
24 15. Increase the statutory budgetary amendment caps
for certain activities.
25 16. Provide that a governmental entity or authority
that owns or operates welcome centers, wayside parks,
26 service plazas, or rest areas on the state highway system
are not required to issue a permit to, or grant access
27 to, any person for the purpose of soliciting funds.
28
See bill for details.
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