Senate Bill sb2056c1

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    Florida Senate - 2001                           CS for SB 2056

    By the Committee on Transportation and Senator Sebesta





    306-1834A-01

  1                      A bill to be entitled

  2         An act relating to the Department of

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

  4         creating the turnpike enterprise; providing

  5         organization changes for the Department of

  6         Transportation; amending s. 163.3180, F.S.;

  7         providing a deadline for development on certain

  8         roads; amending s. 189.441, F.S.; removing an

  9         exemption to s. 287.055, F.S.; amending s.

10         206.46, F.S.; increasing the debt-service cap

11         on the transfer of 7 percent of state

12         transportation revenue to the Right-of-Way

13         Acquisition and Bridge Construction Trust Fund;

14         amending s. 255.20, F.S.; adding an exception

15         to requirements relating to local bids and

16         contracts for public construction works;

17         amending s. 287.055, F.S.; increasing the

18         amount constituting a continuing contract;

19         amending s. 311.09, F.S.; referencing s.

20         287.055, F.S., relating to competition

21         negotiation; amending s. 315.031, F.S.;

22         authorizing certain entertainment expenditures

23         for seaports; amending s. 316.302, F.S.;

24         updating references to safety regulations for

25         commercial vehicles; amending s. 316.3025,

26         F.S.; conforming that section to the repeal of

27         s. 316.3027, F.S.; repealing s. 316.3027, F.S.,

28         relating to commercial motor vehicle

29         identification requirements; amending s.

30         316.515, F.S.; deleting the permit requirement

31         for an automobile transporter; amending s.

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    Florida Senate - 2001                           CS for SB 2056
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  1         316.535, F.S.; providing maximum weights for

  2         certain trucks; amending s. 316.545, F.S.;

  3         conforming provisions to amendments made by

  4         this act; repealing s. 316.610(3), F.S.,

  5         relating to an irrelevant vehicle inspection

  6         service; amending ss. 330.27, 330.29, 330.30,

  7         330.35, 330.36, F.S.; providing for the

  8         registration and licensing of airports;

  9         amending s. 332.004, F.S.; including an

10         off-airport noise mitigation project within the

11         meaning of the term "airport or aviation

12         development project"; amending s. 333.06, F.S.;

13         requiring each licensed publicly owned and

14         operated airport to prepare an airport master

15         plan, and providing for notice to affected

16         local governments with respect thereto;

17         amending s. 380.06, F.S., relating to

18         developments of regional impact; removing

19         provisions that specify that certain changes in

20         airport facilities and increases in the storage

21         capacity for chemical or petroleum storage

22         facilities constitute a substantial deviation

23         and require further

24         development-of-regional-impact review;

25         exempting certain proposed facilities for the

26         storage of any petroleum product from

27         development-of-regional-impact review; amending

28         ss. 380.06, 380.0651, F.S.; revising provisions

29         governing application with respect to airports

30         and petroleum storage facilities that have

31         received a development-of-regional-impact

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    Florida Senate - 2001                           CS for SB 2056
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  1         development order or that have an application

  2         for development approval or notification of

  3         proposed change pending on the effective date

  4         of the act; amending s. 334.044, F.S.;

  5         authorizing the department to purchase certain

  6         promotional items for the Florida Scenic

  7         Highways Program; authorizing the department to

  8         enter into permit-delegation agreements in

  9         certain circumstances; creating s. 335.066,

10         F.S.; establishing the Safe Paths to School

11         program; amending s. 334.30, F.S.; providing

12         for public-private transportation facilities;

13         amending ss. 335.141, 341.302, F.S.; removing

14         the department's authority to regulate the

15         operating speed of trains; amending s. 336.41,

16         F.S.; providing prequalification requirements

17         for contractors who bid on certain government

18         projects; requiring the publication of

19         prequalification criteria and procedures;

20         providing for de novo review of the

21         prequalification process by a circuit court;

22         requiring the publication of selection

23         criteria; amending s. 336.44, F.S.;

24         substituting the criterion "lowest responsible

25         bidder" for "lowest competent bidder"; amending

26         s. 337.025, F.S.; exempting the turnpike

27         enterprise from an annual contract cap;

28         amending s. 337.107, F.S.; authorizing

29         right-of-way services to be included in

30         design-build contracts; amending s. 337.11,

31         F.S.; authorizing the advertisement and award

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    Florida Senate - 2001                           CS for SB 2056
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  1         of certain design-build contracts; increasing

  2         the cap on fast-response contracts; authorizing

  3         the use of design-build contracts for

  4         enhancement projects; providing an exemption

  5         for a turnpike enterprise project; amending s.

  6         337.14, F.S.; increasing the length of time for

  7         which a certificate of qualification may remain

  8         valid; providing prequalification requirements

  9         for contractors who bid on certain projects of

10         specified expressway and bridge authorities or

11         of the Jacksonville Transportation Authority;

12         requiring the publication of prequalification

13         criteria and procedures; providing for de novo

14         review of the prequalification process by a

15         circuit court; requiring the publication of

16         selection criteria in specified circumstances;

17         providing applicability; amending s. 337.401,

18         F.S.; authorizing the department to accept a

19         utility-relocation schedule and relocation

20         agreement in lieu of a written permit in

21         certain circumstances; amending s. 338.22,

22         F.S.; redesignating the Florida Turnpike Law as

23         the Florida Turnpike Enterprise Law; amending

24         s. 338.221, F.S.; redefining the term

25         "economically feasible" as used with respect to

26         turnpike projects; creating s. 338.2215, F.S.;

27         providing legislative findings policy, purpose,

28         and intent for the Florida turnpike enterprise;

29         creating s. 338.2216, F.S.; prescribing the

30         power and authority of the turnpike enterprise;

31         amending s. 338.223, F.S.; increasing the

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    Florida Senate - 2001                           CS for SB 2056
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  1         maximum loan amount for the turnpike

  2         enterprise; amending s. 338.227, F.S.;

  3         conforming provisions; amending s. 338.2275,

  4         F.S.; authorizing the turnpike enterprise to

  5         advertise for bids for contracts prior to

  6         obtaining environmental permits; amending s.

  7         338.234, F.S.; authorizing the turnpike

  8         enterprise to expand business opportunities;

  9         amending s. 338.235, F.S.; authorizing the

10         consideration of goods instead of fees;

11         amending s. 338.239, F.S.; providing that

12         approved expenditure to the Florida Highway

13         Patrol be paid by the turnpike enterprise;

14         amending s. 338.241, F.S.; lowering the

15         required cash reserve for the turnpike

16         enterprise; amending s. 338.251, F.S.;

17         conforming provisions; amending s. 553.80,

18         F.S.; providing for self-regulation; amending

19         s. 339.08, F.S.; repealing a rulemaking

20         requirement relating to the department's

21         expending moneys in the State Transportation

22         Trust Fund; amending s. 339.12, F.S.;

23         authorizing compensation to local governments

24         by the department; increasing the amount of a

25         project agreement for a local contribution;

26         providing funds for certain counties that

27         dedicate a portion of a sales tax to certain

28         transportation projects; amending s. 339.135,

29         F.S.; increasing the threshold amount for an

30         amendment to the adopted work program; revising

31         the time period for a transportation project

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    Florida Senate - 2001                           CS for SB 2056
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  1         commitment in the work program; amending s.

  2         339.137, F.S.; providing membership changes to

  3         the Transportation Outreach Program Council;

  4         providing restrictions on project

  5         consideration; providing for the development of

  6         a scoring system; repealing 341.051(5)(b),

  7         F.S.; eliminating certain unnecessary public

  8         transit studies; amending s. 341.302, F.S.;

  9         eliminating the requirement for the department

10         to develop and administer certain rail-system

11         standards; amending s. 348.0003, F.S.;

12         requiring the governing body of the county to

13         determine the qualifications, terms of office,

14         and obligations and rights of members of the

15         expressway authority for the county; amending

16         s. 373.4137, F.S.; providing requirements for

17         environmental mitigation for transportation

18         projects proposed by a transportation

19         authority; requiring the authority to establish

20         an escrow account; providing for mitigation

21         plans; amending s. 348.0012, F.S.; providing an

22         exemption to the Florida Expressway Authority

23         Act; amending s. 348.7543, F.S.; expanding the

24         use of bond financing; amending ss. 348.7544,

25         348.7545, F.S.; authorizing refinancing with

26         bonds; amending s. 348.755, F.S.; authorizing

27         the issuance of bonds; amending s. 348.765,

28         F.S.; providing that the section does not

29         repeal, rescind, or modify s. 215.821, F.S.;

30         amending s. 475.011, F.S.; providing an

31         exemption for certain employees from specified

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    Florida Senate - 2001                           CS for SB 2056
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  1         licensing requirements; amending s. 479.15,

  2         F.S.; defining the term "federal-aid primary

  3         highway system"; creating s. 479.25, F.S.;

  4         allowing an increase in the height of a sign to

  5         restore its visibility under specified

  6         conditions; creating s. 70.20, F.S.; creating a

  7         process by which governmental entities and sign

  8         owners may enter into relocation and

  9         reconstruction agreements related to outdoor

10         advertising signs; providing for just

11         compensation to sign owners under certain

12         conditions; amending s. 496.425, F.S., and

13         creating s. 496.4256, F.S.; revising the permit

14         requirement for solicitation at rest areas;

15         providing an effective date.

16

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

18

19         Section 1.  Subsection (1), paragraph (d) of subsection

20  (2), subsection (3), and paragraphs (a) and (d) of subsection

21  (4) of section 20.23, Florida Statutes, are amended, and

22  paragraph (f) is added to subsection (4) of that section,

23  subsection (6) of that section is repealed, and present

24  subsection (7) of that section is redesignated as subsection

25  (6), to read:

26         20.23  Department of Transportation.--There is created

27  a Department of Transportation which shall be a decentralized

28  agency.

29         (1)(a)1.  The head of the Department of Transportation

30  is the Secretary of Transportation. The secretary shall be

31  appointed by the Governor from among three persons nominated

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    Florida Senate - 2001                           CS for SB 2056
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  1  by the Florida Transportation Commission and shall be subject

  2  to confirmation by the Senate. The secretary shall serve at

  3  the pleasure of the Governor.

  4         (b)2.  The secretary shall be a proven, effective

  5  administrator who by a combination of education and experience

  6  shall clearly possess a broad knowledge of the administrative,

  7  financial, and technical aspects of the development,

  8  operation, and regulation of transportation systems and

  9  facilities or comparable systems and facilities.

10         (b)1.  The secretary shall employ all personnel of the

11  department.  He or she shall implement all laws, rules,

12  policies, and procedures applicable to the operation of the

13  department and may not by his or her actions disregard or act

14  in a manner contrary to any such policy.  The secretary shall

15  represent the department in its dealings with other state

16  agencies, local governments, special districts, and the

17  Federal Government.  He or she shall have authority to sign

18  and execute all documents and papers necessary to carry out

19  his or her duties and the operations of the department. At

20  each meeting of the Florida Transportation Commission, the

21  secretary shall submit a report of major actions taken by him

22  or her as official representative of the department.

23         2.  The secretary shall cause the annual department

24  budget request, the Florida Transportation Plan, and the

25  tentative work program to be prepared in accordance with all

26  applicable laws and departmental policies and shall submit the

27  budget, plan, and program to the Florida Transportation

28  Commission. The commission shall perform an in-depth

29  evaluation of the budget, plan, and program for compliance

30  with all applicable laws and departmental policies.  If the

31  commission determines that the budget, plan, or program is not

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    Florida Senate - 2001                           CS for SB 2056
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  1  in compliance with all applicable laws and departmental

  2  policies, it shall report its findings and recommendations

  3  regarding such noncompliance to the Legislature and the

  4  Governor.

  5         (c)3.  The secretary shall provide to the Florida

  6  Transportation Commission or its staff, such assistance,

  7  information, and documents as are requested by the commission

  8  or its staff to enable the commission to fulfill its duties

  9  and responsibilities.

10         (d)(c)  The secretary shall appoint two three assistant

11  secretaries who shall be directly responsible to the secretary

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

13  section and such other duties as are assigned by the

14  secretary. The secretary may delegate to any assistant

15  secretary the authority to act in the absence of the

16  secretary. The department has the authority to adopt rules

17  necessary for the delegation of authority beyond the assistant

18  secretaries. The assistant secretaries shall serve at the

19  pleasure of the secretary.

20         (e)(d)  Any secretary appointed after July 5, 1989, and

21  the assistant secretaries shall be exempt from the provisions

22  of part III of chapter 110 and shall receive compensation

23  commensurate with their qualifications and competitive with

24  compensation for comparable responsibility in the private

25  sector.  When the salary of any assistant secretary exceeds

26  the limits established in part III of chapter 110, the

27  Governor shall approve said salary.

28         (2)

29         (d)1.  The chair of the commission shall be selected by

30  the commission members and shall serve a 1-year term.

31

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  1         2.  The commission shall hold a minimum of 4 regular

  2  meetings annually, and other meetings may be called by the

  3  chair upon giving at least 1 week's notice to all members and

  4  the public pursuant to chapter 120. Other meetings may also be

  5  held upon the written request of at least four other members

  6  of the commission, with at least 1 week's notice of such

  7  meeting being given to all members and the public by the chair

  8  pursuant to chapter 120. Emergency meetings may be held

  9  without notice upon the request of all members of the

10  commission. At each meeting of the Florida Transportation

11  Commission, the secretary or the secretary's designee shall

12  submit a report of major actions taken by him or her as

13  official representative of the department.

14         3.  A majority of the membership of the commission

15  constitutes a quorum at any meeting of the commission.  An

16  action of the commission is not binding unless the action is

17  taken pursuant to an affirmative vote of a majority of the

18  members present, but not fewer than four members of the

19  commission at a meeting held pursuant to subparagraph 2., and

20  the vote is recorded in the minutes of that meeting.

21         4.  The chair shall cause to be made a complete record

22  of the proceedings of the commission, which record shall be

23  open for public inspection.

24         (3)(a)  The central office shall establish departmental

25  policies, rules, procedures, and standards and shall monitor

26  the implementation of such policies, rules, procedures, and

27  standards in order to ensure uniform compliance and quality

28  performance by the districts and central office units that

29  implement transportation programs.  Major transportation

30  policy initiatives or revisions shall be submitted to the

31  commission for review. The central office monitoring function

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  1  shall be based on a plan that clearly specifies what areas

  2  will be monitored, activities and criteria used to measure

  3  compliance, and a feedback process that assures monitoring

  4  findings are reported and deficiencies corrected.  The

  5  secretary is responsible for ensuring that a central office

  6  monitoring function is implemented, and that it functions

  7  properly.  In conjunction with its monitoring function, the

  8  central office shall provide such training and administrative

  9  support to the districts as the department determines to be

10  necessary to ensure that the department's programs are carried

11  out in the most efficient and effective manner.

12         (b)  The resources necessary to ensure the efficiency,

13  effectiveness, and quality of performance by the department of

14  its statutory responsibilities shall be allocated to the

15  central office.

16         (b)(c)  The secretary shall appoint an Assistant

17  Secretary for Transportation Policy and, an Assistant

18  Secretary for Finance and Administration, and an Assistant

19  Secretary for District Operations, each of whom shall serve at

20  the pleasure of the secretary.  The positions are responsible

21  for developing, monitoring, and enforcing policy and managing

22  major technical programs.  The responsibilities and duties of

23  these positions include, but are not limited to, the following

24  functional areas:

25         1.  Assistant Secretary for Transportation Policy.--

26         a.  Development of the Florida Transportation Plan and

27  other policy planning;

28         b.  Development of statewide modal systems plans,

29  including public transportation systems;

30         c.  Design of transportation facilities;

31         d.  Construction of transportation facilities;

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  1         e.  Acquisition and management of transportation

  2  rights-of-way; and

  3         f.  Administration of motor carrier compliance and

  4  safety.

  5         2.  Assistant Secretary for District Operations.--

  6         a.  Administration of the eight districts; and

  7         b.  Implementation of the decentralization of the

  8  department.

  9         3.  Assistant Secretary for Finance and

10  Administration.--

11         a.  Financial planning and management;

12         b.  Information systems;

13         c.  Accounting systems;

14         d.  Administrative functions; and

15         e.  Administration of toll operations.

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

17  established within the central office for the purposes of:

18         a.  Developing policy and procedures and monitoring

19  performance to ensure compliance with these policies and

20  procedures;

21         b.  Performing statewide activities which it is more

22  cost-effective to perform in a central location;

23         c.  Assessing and ensuring the accuracy of information

24  within the department's financial management information

25  systems; and

26         d.  Performing other activities of a statewide nature.

27         1.2.  The following offices are established and shall

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

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

30  classified at a level equal to a division director:

31         a.  The Office of Administration;

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  1         b.  The Office of Policy Planning;

  2         c.  The Office of Design;

  3         d.  The Office of Highway Operations;

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

  5         f.  The Office of Toll Operations;

  6         g.  The Office of Information Systems; and

  7         h.  The Office of Motor Carrier Compliance;.

  8         i.  The Office of Management and Budget; and

  9         j.  The Office of the Comptroller.

10         2.3.  Other offices may be established in accordance

11  with s. 20.04(7). The heads of such offices are exempt from

12  part II of chapter 110. No office or organization shall be

13  created at a level equal to or higher than a division without

14  specific legislative authority.

15         3.4.  During the construction of a major transportation

16  improvement project or as determined by the district

17  secretary, the department may provide assistance to a business

18  entity significantly impacted by the project if the entity is

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

20  prior to the beginning of construction and has direct or

21  shared access to the transportation project being constructed.

22  The assistance program shall be in the form of additional

23  guarantees to assist the impacted business entity in receiving

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

25  instance shall the combined guarantees be greater than 90

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

27  implement this subparagraph.

28         (e)  The Assistant Secretary for Finance and

29  Administration must possess a broad knowledge of the

30  administrative, financial, and technical aspects of a complete

31  cost-accounting system, budget preparation and management, and

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  1  management information systems. The Assistant Secretary for

  2  Finance and Administration must be a proven, effective manager

  3  with specialized skills in financial planning and management.

  4  The Assistant Secretary for Finance and Administration shall

  5  ensure that financial information is processed in a timely,

  6  accurate, and complete manner.

  7         (f)1.  Within the central office there is created an

  8  Office of Management and Budget.  The head of the Office of

  9  Management and Budget is responsible to the Assistant

10  Secretary for Finance and Administration and is exempt from

11  part II of chapter 110.

12         2.  The functions of the Office of Management and

13  Budget include, but are not limited to:

14         a.  Preparation of the work program;

15         b.  Preparation of the departmental budget; and

16         c.  Coordination of related policies and procedures.

17         3.  The Office of Management and Budget shall also be

18  responsible for developing uniform implementation and

19  monitoring procedures for all activities performed at the

20  district level involving the budget and the work program.

21         (c)(g)  The secretary shall may appoint an inspector

22  general pursuant to s. 20.055, who shall be directly

23  responsible to the secretary and shall serve at the pleasure

24  of the secretary.

25         (h)1.  The secretary shall appoint an inspector general

26  pursuant to s. 20.055. To comply with recommended professional

27  auditing standards related to independence and objectivity,

28  the inspector general shall be appointed to a position within

29  the Career Service System and may be removed by the secretary

30  with the concurrence of the Transportation Commission.  In

31  order to attract and retain an individual who has the proven

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  1  technical and administrative skills necessary to comply with

  2  the requirements of this section, the agency head may appoint

  3  the inspector general to a classification level within the

  4  Career Service System that is equivalent to that provided for

  5  in part III of chapter 110. The inspector general may be

  6  organizationally located within another unit of the department

  7  for administrative purposes, but shall function independently

  8  and be directly responsible to the secretary pursuant to s.

  9  20.055. The duties of the inspector general shall include, but

10  are not restricted to, reviewing, evaluating, and reporting on

11  the policies, plans, procedures, and accounting, financial,

12  and other operations of the department and recommending

13  changes for the improvement thereof, as well as performing

14  audits of contracts and agreements between the department and

15  private entities or other governmental entities. The inspector

16  general shall give priority to reviewing major parts of the

17  department's accounting system and central office monitoring

18  function to determine whether such systems effectively ensure

19  accountability and compliance with all laws, rules, policies,

20  and procedures applicable to the operation of the department.

21  The inspector general shall also give priority to assessing

22  the department's management information systems as required by

23  s. 282.318.  The internal audit function shall use the

24  necessary expertise, in particular, engineering, financial,

25  and property appraising expertise, to independently evaluate

26  the technical aspects of the department's operations.  The

27  inspector general shall have access at all times to any

28  personnel, records, data, or other information of the

29  department and shall determine the methods and procedures

30  necessary to carry out his or her duties. The inspector

31  general is responsible for audits of departmental operations

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  1  and for audits of consultant contracts and agreements, and

  2  such audits shall be conducted in accordance with generally

  3  accepted governmental auditing standards.  The inspector

  4  general shall annually perform a sufficient number of audits

  5  to determine the efficiency and effectiveness, as well as

  6  verify the accuracy of estimates and charges, of contracts

  7  executed by the department with private entities and other

  8  governmental entities.  The inspector general has the sole

  9  responsibility for the contents of his or her reports, and a

10  copy of each report containing his or her findings and

11  recommendations shall be furnished directly to the secretary

12  and the commission.

13         2.  In addition to the authority and responsibilities

14  herein provided, the inspector general is required to report

15  to the:

16         a.  Secretary whenever the inspector general makes a

17  preliminary determination that particularly serious or

18  flagrant problems, abuses, or deficiencies relating to the

19  administration of programs and operations of the department

20  have occurred. The secretary shall review and assess the

21  correctness of the preliminary determination by the inspector

22  general. If the preliminary determination is substantiated,

23  the secretary shall submit such report to the appropriate

24  committees of the Legislature within 7 calendar days, together

25  with a report by the secretary containing any comments deemed

26  appropriate.  Nothing in this section shall be construed to

27  authorize the public disclosure of information which is

28  specifically prohibited from disclosure by any other provision

29  of law.

30         b.  Transportation Commission and the Legislature any

31  actions by the secretary that prohibit the inspector general

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  1  from initiating, carrying out, or completing any audit after

  2  the inspector general has decided to initiate, carry out, or

  3  complete such audit.  The secretary shall, within 30 days

  4  after transmission of the report, set forth in a statement to

  5  the Transportation Commission and the Legislature the reasons

  6  for his or her actions.

  7         (i)1.  The secretary shall appoint a comptroller who is

  8  responsible to the Assistant Secretary for Finance and

  9  Administration.  This position is exempt from part II of

10  chapter 110.

11         2.  The comptroller is the chief financial officer of

12  the department and must be a proven, effective administrator

13  who by a combination of education and experience clearly

14  possesses a broad knowledge of the administrative, financial,

15  and technical aspects of a complex cost-accounting system.

16  The comptroller must also have a working knowledge of

17  generally accepted accounting principles.  At a minimum, the

18  comptroller must hold an active license to practice public

19  accounting in Florida pursuant to chapter 473 or an active

20  license to practice public accounting in any other state.  In

21  addition to the requirements of the Florida Fiscal Accounting

22  Management Information System Act, the comptroller is

23  responsible for the development, maintenance, and modification

24  of an accounting system that will in a timely manner

25  accurately reflect the revenues and expenditures of the

26  department and that includes a cost-accounting system to

27  properly identify, segregate, allocate, and report department

28  costs. The comptroller shall supervise and direct preparation

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

30  is responsible for managing cash and determining cash

31  requirements. The comptroller shall review all comparative

                                  17

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  1  cost studies that examine the cost-effectiveness and

  2  feasibility of contracting for services and operations

  3  performed by the department.  The review must state that the

  4  study was prepared in accordance with generally accepted

  5  cost-accounting standards applied in a consistent manner using

  6  valid and accurate cost data.

  7         3.  The department shall by rule or internal management

  8  memoranda as required by chapter 120 provide for the

  9  maintenance by the comptroller of financial records and

10  accounts of the department as will afford a full and complete

11  check against the improper payment of bills and provide a

12  system for the prompt payment of the just obligations of the

13  department, which records must at all times disclose:

14         a.  The several appropriations available for the use of

15  the department;

16         b.  The specific amounts of each such appropriation

17  budgeted by the department for each improvement or purpose;

18         c.  The apportionment or division of all such

19  appropriations among the several counties and districts, when

20  such apportionment or division is made;

21         d.  The amount or portion of each such apportionment

22  against general contractual and other liabilities then

23  created;

24         e.  The amount expended and still to be expended in

25  connection with each contractual and other obligation of the

26  department;

27         f.  The expense and operating costs of the various

28  activities of the department;

29         g.  The receipts accruing to the department and the

30  distribution thereof;

31

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  1         h.  The assets, investments, and liabilities of the

  2  department; and

  3         i.  The cash requirements of the department for a

  4  36-month period.

  5         4.  The comptroller shall maintain a separate account

  6  for each fund administered by the department.

  7         5.  The comptroller shall perform such other related

  8  duties as designated by the department.

  9         (d)(j)  The secretary shall appoint a general counsel

10  who shall be employed full time and shall be directly

11  responsible to the secretary and shall serve at the pleasure

12  of the secretary.  The general counsel is responsible for all

13  legal matters of the department.  The department may employ as

14  many attorneys as it deems necessary to advise and represent

15  the department in all transportation matters.

16         (e)(k)  The secretary shall appoint a state

17  transportation planner who shall report to the Assistant

18  Secretary for Transportation Policy.  The state transportation

19  planner's responsibilities shall include, but are not limited

20  to, policy planning, systems planning, and transportation

21  statistics.  This position shall be classified at a level

22  equal to a deputy assistant secretary.

23         (f)(l)  The secretary shall appoint a state highway

24  engineer who shall report to the Assistant Secretary for

25  Transportation Policy. The state highway engineer's

26  responsibilities shall include, but are not limited to,

27  design, construction, and maintenance of highway facilities;

28  acquisition and management of transportation rights-of-way;

29  traffic engineering; and materials testing.  This position

30  shall be classified at a level equal to a deputy assistant

31  secretary.

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  1         (g)(m)  The secretary shall appoint a state public

  2  transportation administrator who shall report to the Assistant

  3  Secretary for Transportation Policy.  The state public

  4  transportation administrator's responsibilities shall include,

  5  but are not limited to, the administration of statewide

  6  transit, rail, intermodal development, and aviation programs.

  7  This position shall be classified at a level equal to a deputy

  8  assistant secretary. The department shall also assign to the

  9  public transportation administrator an organizational unit the

10  primary function of which is to administer the high-speed rail

11  program.

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

13  organized into seven eight districts, including a turnpike

14  district, each headed by a district secretary, and a turnpike

15  enterprise, headed by an executive director. The district

16  secretaries shall report to the Assistant Secretary for

17  District Operations. The headquarters of the districts shall

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

19  Dade, and Hillsborough, and Leon Counties. The headquarters of

20  the turnpike enterprise shall be located in Orange County. The

21  turnpike district must be relocated to Orange County in the

22  year 2000. In order to provide for efficient operations and to

23  expedite the decisionmaking process, the department shall

24  provide for maximum decentralization to the districts.

25  However, before making a decision to centralize or

26  decentralize department operations or relocate the turnpike

27  district, the department must first determine if the decision

28  would be cost-effective and in the public's best interest. The

29  department shall periodically evaluate such decisions to

30  ensure that they are appropriate.

31

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  1         (d)  Within each district, offices shall be established

  2  for managing major functional responsibilities of the

  3  department. The offices may include planning, design,

  4  construction, right-of-way, maintenance, and public

  5  transportation.  The heads of these offices shall be exempt

  6  from part II of chapter 110.

  7         (f)1.  The responsibility for the turnpike system shall

  8  be delegated by the secretary to the executive director of the

  9  turnpike enterprise, who shall serve at the pleasure of the

10  secretary.  The executive director shall report directly to

11  the secretary and the turnpike enterprise shall operate

12  pursuant to ss. 338.22-338.241.

13         2.  To facilitate the most efficient and effective

14  management of the turnpike enterprise, including the use of

15  best business practices employed by the private sector, the

16  secretary shall have the authority to exempt the turnpike

17  enterprise from departmental policies, procedures, and

18  standards.

19         3.  To maximize the turnpike enterprise's ability to

20  use best business practices employed by the private sector,

21  the secretary shall have the authority to adopt rules that

22  exempt the turnpike enterprise from the department's rules and

23  authorize the turnpike enterprise to employ procurement

24  methods available to the private sector.

25         (6)  To facilitate the efficient and effective

26  management of the department in a businesslike manner, the

27  department shall develop a system for the submission of

28  monthly management reports to the Florida Transportation

29  Commission and secretary from the district secretaries.  The

30  commission and the secretary shall determine which reports are

31  required to fulfill their respective responsibilities under

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  1  this section.  A copy of each such report shall be submitted

  2  monthly to the appropriations and transportation committees of

  3  the Senate and the House of Representatives. Recommendations

  4  made by the Auditor General in his or her audits of the

  5  department that relate to management practices, systems, or

  6  reports shall be implemented in a timely manner.  However, if

  7  the department determines that one or more of the

  8  recommendations should be altered or should not be

  9  implemented, it shall provide a written explanation of such

10  determination to the Legislative Auditing Committee within 6

11  months after the date the recommendations were published.

12         (6)(7)  The department is authorized to contract with

13  local governmental entities and with the private sector if the

14  department first determines that:

15         (a)  Consultants can do the work at less cost than

16  state employees;

17         (b)  State employees can do the work at less cost, but

18  sufficient positions have not been approved by the Legislature

19  as requested in the department's most recent legislative

20  budget request;

21         (c)  The work requires specialized expertise, and it

22  would not be economical for the state to acquire, and then

23  maintain, the expertise after the work is done;

24         (d)  The workload is at a peak level, and it would not

25  be economical to acquire, and then keep, extra personnel after

26  the workload decreases; or

27         (e)  The use of such entities is clearly in the

28  public's best interest.

29

30

31

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  1  Such contracts shall require compliance with applicable

  2  federal and state laws, and clearly specify the product or

  3  service to be provided.

  4         Section 2.  Paragraph (c) of subsection (2) of section

  5  163.3180, Florida Statutes, is amended to read:

  6         163.3180  Concurrency.--

  7         (2)

  8         (c)  Consistent with the public welfare, and except as

  9  otherwise provided in this section, transportation facilities

10  designated as part of the Florida Intrastate Highway System

11  needed to serve new development shall be in place or under

12  actual construction no more than 5 years after issuance by the

13  local government of a certificate of occupancy or its

14  functional equivalent. Other transportation facilities needed

15  to serve new development shall be in place or under actual

16  construction no more than 3 years after issuance by the local

17  government of a certificate of occupancy or its functional

18  equivalent.

19         Section 3.  Section 189.441, Florida Statutes, is

20  amended to read:

21         189.441  Contracts.--Contracts for the construction of

22  projects and for any other purpose of the authority may be

23  awarded by the authority in a manner that will best promote

24  free and open competition, including advertisement for

25  competitive bids; however, if the authority determines that

26  the purposes of this act will be more effectively served

27  thereby, the authority may award or cause to be awarded

28  contracts for the construction of any project, including

29  design-build contracts, or any part thereof, or for any other

30  purpose of the authority upon a negotiated basis as determined

31  by the authority.  Each contractor doing business with the

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  1  authority and required to be licensed by the state or local

  2  general-purpose governments must maintain the license during

  3  the term of the contract with the authority.  The authority

  4  may prescribe bid security requirements and other procedures

  5  in connection with the award of contracts which protect the

  6  public interest. Section 287.055 does not apply to the

  7  selection of professional architectural, engineering,

  8  landscape architectural, or land surveying services by the

  9  authority or to the procurement of design-build contracts. The

10  authority may, and in the case of a new professional sports

11  franchise must, by written contract engage the services of the

12  operator, lessee, sublessee, or purchaser, or prospective

13  operator, lessee, sublessee, or purchaser, of any project in

14  the construction of the project and may, and in the case of a

15  new professional sports franchise must, provide in the

16  contract that the lessee, sublessee, purchaser, or prospective

17  lessee, sublessee, or purchaser, may act as an agent of, or an

18  independent contractor for, the authority for the performance

19  of the functions described therein, subject to the conditions

20  and requirements prescribed in the contract, including

21  functions such as the acquisition of the site and other real

22  property for the project; the preparation of plans,

23  specifications, financing, and contract documents; the award

24  of construction and other contracts upon a competitive or

25  negotiated basis; the construction of the project, or any part

26  thereof, directly by the lessee, purchaser, or prospective

27  lessee or purchaser; the inspection and supervision of

28  construction; the employment of engineers, architects,

29  builders, and other contractors; and the provision of money to

30  pay the cost thereof pending reimbursement by the authority.

31  Any such contract may, and in the case of a new professional

                                  24

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  1  sports franchise must, allow the authority to make advances to

  2  or reimburse the lessee, sublessee, or purchaser, or

  3  prospective lessee, sublessee, or purchaser for its costs

  4  incurred in the performance of those functions, and must set

  5  forth the supporting documents required to be submitted to the

  6  authority and the reviews, examinations, and audits that are

  7  required in connection therewith to assure compliance with the

  8  contract.

  9         Section 4.  Subsection (2) of section 206.46, Florida

10  Statutes, is amended to read:

11         206.46  State Transportation Trust Fund.--

12         (2)  Notwithstanding any other provisions of law, from

13  the revenues deposited into the State Transportation Trust

14  Fund a maximum of 7 percent in each fiscal year shall be

15  transferred into the Right-of-Way Acquisition and Bridge

16  Construction Trust Fund created in s. 215.605, as needed to

17  meet the requirements of the documents authorizing the bonds

18  issued or proposed to be issued under ss. 215.605 and 337.276

19  or at a minimum amount sufficient to pay for the debt service

20  coverage requirements of outstanding bonds.  Notwithstanding

21  the 7 percent annual transfer authorized in this subsection,

22  the annual amount transferred under this subsection shall not

23  exceed an amount necessary to provide the required debt

24  service coverage levels for a maximum debt service not to

25  exceed $200 $135 million.  Such transfer shall be payable

26  primarily from the motor and diesel fuel taxes transferred to

27  the State Transportation Trust Fund from the Fuel Tax

28  Collection Trust Fund.

29         Section 5.  Paragraph (a) of subsection (1) of section

30  255.20, Florida Statutes, is amended to read:

31

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  1         255.20  Local bids and contracts for public

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

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

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

  5  state seeking to construct or improve a public building,

  6  structure, or other public construction works must

  7  competitively award to an appropriately licensed contractor

  8  each project that is estimated in accordance with generally

  9  accepted cost-accounting principles to have total construction

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

11  local government must competitively award to an appropriately

12  licensed contractor each project that is estimated in

13  accordance with generally accepted cost-accounting principles

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

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

16  on the submission of sealed bids, proposals submitted in

17  response to a request for proposal, proposals submitted in

18  response to a request for qualifications, or proposals

19  submitted for competitive negotiation. This subsection

20  expressly allows contracts for construction management

21  services, design/build contracts, continuation contracts based

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

23  private sector contractor permitted by any applicable

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

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

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

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

28  construction of the project. Subject to the provisions of

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

30  other political subdivision may establish, by municipal or

31

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  1  county ordinance or special district resolution, procedures

  2  for conducting the bidding process.

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

  4         1.  When the project is undertaken to replace,

  5  reconstruct, or repair an existing facility damaged or

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

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

  8  circumstances, and such damage or destruction creates:

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

10         b.  Other loss to public or private property which

11  requires emergency government action; or

12         c.  An interruption of an essential governmental

13  service.

14         2.  When, after notice by publication in accordance

15  with the applicable ordinance or resolution, the governmental

16  entity does not receive any responsive bids or responses.

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

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

19  the public utility system is performed by personnel of the

20  system.

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

22  by a utility commission whose major contracts are to construct

23  and operate a public electric utility system.

24         5.  When the project is undertaken as repair or

25  maintenance of an existing public facility.

26         6.  When the project is undertaken exclusively as part

27  of a public educational program.

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

29  diminished or lost because the time required to competitively

30  award the project after the funds become available exceeds the

31  time within which the funding source must be spent.

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  1         8.  When the local government has competitively awarded

  2  a project to a private sector contractor and the contractor

  3  has abandoned the project before completion or the local

  4  government has terminated the contract.

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

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

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

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

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

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

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

12  final action to apply this subparagraph. The notice must

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

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

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

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

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

18  interest for local government to perform a project using its

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

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

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

22  increase in capital expenditures for public facilities,

23  equipment or other capital assets, the impact on local

24  economic development, the impact on small and minority

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

26  whether the private sector contractors provide health

27  insurance and other benefits equivalent to those provided by

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

29  in the public's best interest.

30         10.  When the governing board of the local government

31  determines upon consideration of specific substantive criteria

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  1  and administrative procedures that it is in the best interest

  2  of the local government to award the project to an

  3  appropriately licensed private sector contractor according to

  4  procedures established by and expressly set forth in a

  5  charter, ordinance, or resolution of the local government

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

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

  8  must be applied uniformly by the local government to avoid

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

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

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

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

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

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

15  according to the criteria and procedures established by

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

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

18  meeting at which the governing board takes final action to

19  apply this subparagraph.  The notice must identify the

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

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

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

23  the criteria and procedures permitted by the preexisting

24  ordinance.

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

26  method other than a competitive selection process, the

27  governing board must find evidence that:

28         (I)  There is one appropriately licensed contractor who

29  is uniquely qualified to undertake the project because that

30  contractor is currently under contract to perform work that is

31  affiliated with the project; or

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

  2  jeopardize the funding for the project, or will materially

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

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

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

  6  method other than a competitive selection process, the

  7  published notice must clearly specify the ordinance or

  8  resolution by which the private sector contractor will be

  9  selected and the criteria to be considered.

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

11  method other than a competitive selection process, the

12  architect or engineer of record has provided a written

13  recommendation that the project be awarded to the private

14  sector contractor without competitive selection; and the

15  consideration by, and the justification of, the government

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

17  presented to the governing board prior to the approval

18  required in this paragraph.

19         11.  To projects subject to chapter 336.

20         Section 6.  Paragraph (g) of subsection (2) of section

21  287.055, Florida Statutes, is amended to read:

22         287.055  Acquisition of professional architectural,

23  engineering, landscape architectural, or surveying and mapping

24  services; definitions; procedures; contingent fees prohibited;

25  penalties.--

26         (2)  DEFINITIONS.--For purposes of this section:

27         (g)  A "continuing contract" is a contract for

28  professional services entered into in accordance with all the

29  procedures of this act between an agency and a firm whereby

30  the firm provides professional services to the agency for

31  projects in which construction costs do not exceed $1 million

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  1  $500,000, for study activity when the fee for such

  2  professional service does not exceed $50,000 $25,000, or for

  3  work of a specified nature as outlined in the contract

  4  required by the agency, with no time limitation except that

  5  the contract must provide a termination clause.

  6         Section 7.  Subsection (12) of section 311.09, Florida

  7  Statutes, is amended to read:

  8         311.09  Florida Seaport Transportation and Economic

  9  Development Council.--

10         (12)  Members of the council shall serve without

11  compensation but are entitled to receive reimbursement for per

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

13  council may elect to provide an administrative staff to

14  provide services to the council on matters relating to the

15  Florida Seaport Transportation and Economic Development

16  Program and the council.  The cost for such administrative

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

18  the Florida Seaport Transportation and Economic Development

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

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

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

22  costs for administrative services shall be paid in its total

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

24  the Department of Transportation of a joint participation

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

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

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

28  moneys derived from the Florida Seaport Transportation and

29  Economic Development Program shall be expended in accordance

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

31  competitive negotiation requirements of a local governing body

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  1  shall abide by the provisions of s. 287.055 be exempt from

  2  this requirement.

  3         Section 8.  Subsection (1) of section 315.031, Florida

  4  Statutes, is amended to read:

  5         315.031  Promoting and advertising port facilities.--

  6         (1)  Each unit is authorized and empowered:

  7         (a)  To publicize, advertise and promote the activities

  8  and port facilities herein authorized;

  9         (b)  To make known the advantages, facilities,

10  resources, products, attractions and attributes of the

11  activities and port facilities herein authorized;

12         (c)  To create a favorable climate of opinion

13  concerning the activities and port facilities herein

14  authorized;

15         (d)  To cooperate with other agencies, public and

16  private, in accomplishing these purposes;

17         (e)  To enter into agreements with the purchaser or

18  purchasers of port facilities bonds issued under the

19  provisions of this law to establish a special fund to be set

20  aside from the proceeds of the revenues collected under the

21  provisions of s. 315.03(13), during any fiscal year, for the

22  promotional activities authorized herein.

23         (f)  To authorize expenditures for promotional

24  activities authorized by this section, including meals,

25  hospitality, and entertainment of persons in the interest of

26  promoting and engendering goodwill toward its ports

27  facilities.

28

29  Nothing herein shall be construed to authorize any unit to

30  expend funds for meals, hospitality, amusement or any other

31  purpose of an entertainment nature.

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

  2  316.302, Florida Statutes, is amended to read:

  3         316.302  Commercial motor vehicles; safety regulations;

  4  transporters and shippers of hazardous materials;

  5  enforcement.--

  6         (1)

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

  8  owners or drivers of commercial motor vehicles that are

  9  engaged in intrastate commerce are subject to the rules and

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

11  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

13  regulations existed on October 1, 2000 March 1, 1999.

14         Section 10.  Paragraph (a) of subsection (3) of section

15  316.3025, Florida Statutes, is amended to read:

16         316.3025  Penalties.--

17         (3)(a)  A civil penalty of $50 may be assessed for a

18  violation of 49 C.F.R. s. 390.21 s. 316.3027.

19         Section 11.  Section 316.3027, Florida Statutes, is

20  repealed.

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

22  Statutes, is amended to read:

23         316.515  Maximum width, height, length.--

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

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

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

27  Department of Transportation, measure a height not to exceed

28  14 feet, inclusive of the load carried thereon.

29         Section 13.  Present subsection (6) of section 316.535,

30  Florida Statutes, is redesignated as subsection (7), present

31  subsection (7) of that section is redesignated as subsection

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  1  (8) and amended, and a new subsection (6) is added to that

  2  section, to read:

  3         316.535  Maximum weights.--

  4         (6)  Dump trucks, concrete mixing trucks, trucks

  5  engaged in waste collection and disposal, and fuel oil and

  6  gasoline trucks designed and constructed for special types of

  7  work or use, when operated as a single unit, are subject to

  8  all safety and operational requirements of law, except that

  9  any such vehicle need not conform to the axle spacing

10  requirements of this section if the vehicle is limited to a

11  total gross load, including the weight of the vehicle, of

12  20,000 pounds per axle plus scale tolerances and does not

13  exceed 550 pounds per inch of tire surface width plus scale

14  tolerances. A vehicle operating pursuant to this section may

15  not exceed a gross weight, including the weight of the vehicle

16  and scale tolerances, of 70,000 pounds. Any vehicle that

17  violates the weight provisions of this section shall be

18  penalized as provided in s. 316.545.

19         (7)(6)  The Department of Transportation shall adopt

20  rules to implement this section, shall enforce this section

21  and the rules adopted hereunder, and shall publish and

22  distribute tables and other publications as deemed necessary

23  to inform the public.

24         (8)(7)  Except as hereinafter provided, no vehicle or

25  combination of vehicles exceeding the gross weights specified

26  in subsections (3), (4), and (5), and (6) shall be permitted

27  to travel on the public highways within the state.

28         Section 14.  Paragraph (a) of subsection (2) of section

29  316.545, Florida Statutes, is amended to read:

30         316.545  Weight and load unlawful; special fuel and

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

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  1         (2)(a)  Whenever an officer, upon weighing a vehicle or

  2  combination of vehicles with load, determines that the axle

  3  weight or gross weight is unlawful, the officer may require

  4  the driver to stop the vehicle in a suitable place and remain

  5  standing until a determination can be made as to the amount of

  6  weight thereon and, if overloaded, the amount of penalty to be

  7  assessed as provided herein. However, any gross weight over

  8  and beyond 6,000 pounds beyond the maximum herein set shall be

  9  unloaded and all material so unloaded shall be cared for by

10  the owner or operator of the vehicle at the risk of such owner

11  or operator.  Except as otherwise provided in this chapter, to

12  facilitate compliance with and enforcement of the weight

13  limits established in s. 316.535, weight tables published

14  pursuant to s. 316.535(7) s. 316.535(6) shall include a

15  10-percent scale tolerance and shall thereby reflect the

16  maximum scaled weights allowed any vehicle or combination of

17  vehicles.  As used in this section, scale tolerance means the

18  allowable deviation from legal weights established in s.

19  316.535.  Notwithstanding any other provision of the weight

20  law, if a vehicle or combination of vehicles does not exceed

21  the gross, external bridge, or internal bridge weight limits

22  imposed in s. 316.535 and the driver of such vehicle or

23  combination of vehicles can comply with the requirements of

24  this chapter by shifting or equalizing the load on all wheels

25  or axles and does so when requested by the proper authority,

26  the driver shall not be held to be operating in violation of

27  said weight limits.

28         Section 15.  Subsection (3) of section 316.610, Florida

29  Statutes, is repealed.

30         Section 16.  Section 330.27, Florida Statutes, is

31  amended to read:

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  1         330.27  Definitions, when used in ss. 330.29-330.36,

  2  330.38, 330.39.--

  3         (1)  "Aircraft" means a powered or unpowered machine or

  4  device capable of atmospheric flight any motor vehicle or

  5  contrivance now known, or hereafter invented, which is used or

  6  designed for navigation of or flight in the air, except a

  7  parachute or other such device contrivance designed for such

  8  navigation but used primarily as safety equipment.

  9         (2)  "Airport" means an any area of land or water, or

10  any manmade object or facility located thereon, which is used

11  for, or intended to be used for use, for the landing and

12  takeoff of aircraft, including and any appurtenant areas,

13  which are used, or intended for use, for airport buildings, or

14  other airport facilities, or rights-of-way necessary to

15  facilitate such use or intended use, together with all airport

16  buildings and facilities located thereon.

17         (3)  "Airport hazard" means any structure, object of

18  natural growth, or use of land which obstructs the airspace

19  required for the flight of aircraft in landing or taking off

20  at an airport or which is otherwise hazardous to such landing

21  or taking off.

22         (4)  "Aviation" means the science and art of flight and

23  includes, but is not limited to, transportation by aircraft;

24  the operation, construction, repair, or maintenance of

25  aircraft, aircraft power plants, and accessories, including

26  the repair, packing, and maintenance of parachutes; the

27  design, establishment, construction, extension, operation,

28  improvement, repair, or maintenance of airports or other air

29  navigation facilities; and instruction in flying or ground

30  subjects pertaining thereto.

31

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  1         (3)(5)  "Department" means the Department of

  2  Transportation.

  3         (4)(6)  "Limited airport" means any an airport,

  4  publicly or privately owned, limited exclusively to the

  5  specific conditions stated on the site approval order or

  6  license.

  7         (7)  "Operation of aircraft" or "operate aircraft"

  8  means the use, navigation, or piloting of aircraft in the

  9  airspace over this state or upon any airport within this

10  state.

11         (8)  "Political subdivision" means any county,

12  municipality, district, port or aviation commission or

13  authority, or similar entity authorized to establish or

14  operate an airport in this state.

15         (5)(9)  "Private airport" means an airport, publicly or

16  privately owned, which is not open or available for use by the

17  public. A private airport is registered with the department

18  for use of the person or persons registering the facility,

19  used primarily by the licensee but may be made which is

20  available to others for use by invitation of the registrants

21  licensee.  Services may be provided if authorized by the

22  department.

23         (6)(10)  "Public airport" means an airport, publicly or

24  privately owned, which meets minimum safety and service

25  standards and is open for use by the public as listed in the

26  current United States Government Flight Information

27  Publication, Airport Facility Directory. A public airport is

28  licensed by the department as meeting minimum safety

29  standards.

30

31

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  1         (7)(11)  "Temporary airport" means any an airport,

  2  publicly or privately owned, that will be used for a period of

  3  less than 30 90 days with no more than 10 operations per day.

  4         (8)(12)  "Ultralight aircraft" means any

  5  heavier-than-air, motorized aircraft that which meets the

  6  criteria for maximum weight, fuel capacity, and airspeed

  7  established for such aircraft by the Federal Aviation

  8  Regulations, Administration under Part 103 of the Federal

  9  Aviation Regulations.

10         Section 17.  Section 330.29, Florida Statutes, is

11  amended to read:

12         330.29  Administration and enforcement; rules;

13  standards for airport sites and airports.--It is the duty of

14  the department to:

15         (1)  Administer and enforce the provisions of this

16  chapter.

17         (2)  Establish minimum standards for airport sites and

18  airports under its licensing and registration jurisdiction.

19         (3)  Establish and maintain a state aviation data

20  system to facilitate licensing and registration of all

21  airports.

22         (4)(3)  Adopt rules pursuant to ss. 120.536(1) and

23  120.54 to implement the provisions of this chapter.

24         Section 18.  Section 330.30, Florida Statutes, is

25  amended to read:

26         330.30  Approval of airport sites and licensing of

27  airports; fees.--

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

29  PERIOD, REVOCATION.--

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

31  lessee of any proposed airport shall, prior to site the

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  1  acquisition, of the site or prior to the construction or

  2  establishment of the proposed airport, obtain approval of the

  3  airport site from the department.  Applications for approval

  4  of a site and for an original license shall be jointly made on

  5  a form prescribed by the department and shall be accompanied

  6  by a site approval fee of $100. The department, after

  7  inspection of the airport site, shall grant the site approval

  8  if it is satisfied:

  9         1.  That the site is suitable adequate for the airport

10  as proposed airport;

11         2.  That the airport as proposed airport, if

12  constructed or established, will conform to minimum standards

13  of safety and will comply with the applicable local government

14  land development regulations or county or municipal zoning

15  requirements;

16         3.  That all nearby airports, local governments

17  municipalities, and property owners have been notified and any

18  comments submitted by them have been given adequate

19  consideration; and

20         4.  That safe air-traffic patterns can be established

21  worked out for the proposed airport with and for all existing

22  airports and approved airport sites in its vicinity.

23         (b)  Site approval shall be granted for public airports

24  only after a favorable department inspection of the proposed

25  site.

26         (c)  Site approval shall be granted for private

27  airports only after receipt of documentation that the

28  department considers necessary to satisfy the conditions in

29  paragraph (1)(a).

30         (d)(b)  Site approval may be granted subject to any

31  reasonable conditions that which the department considers may

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  1  deem necessary to protect the public health, safety, or

  2  welfare.

  3         (e)  Such Approval remains valid shall remain in effect

  4  for a period of 2 years after the date of issue issuance of

  5  the site approval order, unless sooner revoked by the

  6  department or unless, prior to the expiration of the 2-year

  7  period, a public airport license is issued or private airport

  8  registration is granted for an airport located on the approved

  9  site has been issued pursuant to subsection (2) prior to the

10  expiration date.

11         (f)  The department may extend a site approval may be

12  extended for up to a maximum of 2 years for upon good cause

13  shown by the owner or lessee of the airport site.

14         (g)(c)  The department may revoke a site such approval

15  if it determines:

16         1.  That there has been an abandonment of the site has

17  been abandoned as an airport site;

18         2.  That there has been a failure within a reasonable

19  time to develop the site has not been developed as an airport

20  within a reasonable time period or development does not to

21  comply with the conditions of the site approval;

22         3.  That, except as required for inflight emergencies,

23  the operation of aircraft have operated of a nonemergency

24  nature has occurred on the site; or

25         4.  That, because of changed physical or legal

26  conditions or circumstances, the site is no longer usable for

27  the aviation purposes due to physical or legal changes in

28  conditions that were the subject of for which the approval was

29  granted.

30         (2)  LICENSES AND REGISTRATIONS; REQUIREMENTS, FEES,

31  RENEWAL, REVOCATION.--

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

  2  lessee of any an airport in this state must have either obtain

  3  a public airport license or private airport registration prior

  4  to the operation of aircraft to or from the facility on the

  5  airport. An Application for a such license or registration

  6  shall be made on a form prescribed by the department and shall

  7  be accomplished jointly with an application for site approval.

  8  Upon granting site approval:

  9         1.  For a public airport, the department shall issue a

10  license after a final airport inspection shows the facility to

11  be in compliance with all requirements for the license. The

12  license may be subject to any reasonable conditions that the

13  department considers necessary to protect the public health,

14  safety, or welfare.

15         2.  For a private airport, the department shall provide

16  controlled electronic access to the state aviation facility

17  data system to permit the applicant to complete the

18  registration process. Registration is complete upon

19  self-certification by the registrant of operational and

20  configuration data considered necessary by the department.,

21  making a favorable final airport inspection report indicating

22  compliance with all license requirements, and receiving the

23  appropriate license fee, the department shall issue a license

24  to the applicant, subject to any reasonable conditions that

25  the department may deem necessary to protect the public

26  health, safety, or welfare.

27         (b)  The department is authorized to license a public

28  an airport that does not meet all of the minimum standards

29  only if it determines that such exception is justified by

30  unusual circumstances or is in the interest of public

31  convenience and does not endanger the public health, safety,

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  1  or welfare. Such a license shall bear the designation

  2  "special" and shall state the conditions subject to which the

  3  license is granted.

  4         (c)  The department may authorize a site to be used as

  5  a temporary airport if it finds, after inspection of the site,

  6  that the airport will not endanger the public health, safety,

  7  or welfare.  A temporary airport does not need a license or

  8  registration. Authorization to use a site for a temporary

  9  airport remains valid for Such authorization shall expire not

10  more later than 30 90 days after issuance and is not

11  renewable.

12         (d)  The license fees for the four categories of

13  airport licenses are:

14         1.  Public airport: $100.

15         2.  Private airport: $70.

16         3.  Limited airport: $50.

17         4.  Temporary airport: $25.

18

19  Airports owned or operated by the state, a county, or a

20  municipality and emergency helistops operated by licensed

21  hospitals are required to be licensed but are exempt from the

22  payment of site approval fees and annual license fees.

23         (d)(e)1.  Each public airport license will expire no

24  later than 1 year after the effective date of the license,

25  except that the expiration date of a license may be adjusted

26  to provide a maximum license period of 18 months to facilitate

27  airport inspections, recognize seasonal airport operations, or

28  improve administrative efficiency. If the expiration date for

29  a public airport is adjusted, the appropriate license fee

30  shall be determined by prorating the annual fee based on the

31  length of the adjusted license period.

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  1         2.  Registration The license period for private all

  2  airports remains valid if specific elements of airport data,

  3  established by the department, are periodically recertified by

  4  the airport registrant. The ability to recertify private

  5  airport registration data by electronic submittal must be

  6  available at all times. The airport registrant must recertify

  7  the required data every 12 months. If a private airport

  8  registration has not been recertified within the 12-month

  9  period following the latest certification, the registration is

10  expired. The expiration date of the current registration

11  period must be clearly identifiable from the state aviation

12  facility data system. other than public airports will be set

13  by the department, but shall not exceed a period of 5 years.

14  In determining the license period for such airports, the

15  department shall consider the number of based aircraft, the

16  airport location relative to adjacent land uses and other

17  airports, and any other factors deemed by the department to be

18  critical to airport operation and safety.

19         3.  The effective date and expiration date shall be

20  shown on the public airport stated on the face of the license.

21  Upon receiving an application for renewal of a public airport

22  license on a form prescribed by the department, and upon

23  making a favorable inspection report indicating compliance

24  with all applicable requirements and conditions, and receiving

25  the appropriate annual license fee, the department shall renew

26  the license, subject to any conditions deemed necessary to

27  protect the public health, safety, or welfare.

28         4.  The department may require a new site approval for

29  any an airport if the license or registration of the airport

30  has expired not been renewed by the expiration date.

31

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  1         5.  If the renewal application for a public airport

  2  license or the registration recertification for a private

  3  airport has and fees have not been received by the department

  4  within 15 days after the date of expiration of the license,

  5  the department may close the airport.

  6         (e)(f)  The department may revoke any airport

  7  registration, license, or license renewal thereof, or refuse

  8  to allow registration or issue a license or license renewal,

  9  if it determines:

10         1.  That the site there has been abandoned as an

11  abandonment of the airport as such;

12         2.  That the airport does not there has been a failure

13  to comply with the registration, license, license renewal, or

14  site conditions of the license or renewal thereof; or

15         3.  That, because of changed physical or legal

16  conditions or circumstances, the airport has become either

17  unsafe or unusable for flight operations due to physical or

18  legal changes in conditions that were the subject of approval

19  the aeronautical purposes for which the license or renewal was

20  issued.

21         (3)  EXEMPTIONS.--The provisions of This section does

22  do not apply to:

23         (a)  An airport owned or operated by the United States.

24         (b)  An ultralight aircraft landing area; except that

25  any public ultralight airport located more than within 5

26  nautical miles from a of another public airport or military

27  airport, except or any ultralight landing area with more than

28  10 ultralight aircraft operating from the site is subject to

29  the provisions of this section.

30         (c)  A helistop used solely in conjunction with a

31  construction project undertaken pursuant to the performance of

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  1  a state contract if the purpose of the helicopter operations

  2  at the site is to expedite construction.

  3         (d)  An airport under the jurisdiction or control of a

  4  county or municipal aviation authority or a county or

  5  municipal port authority or the Spaceport Florida Authority;

  6  however, the department shall license any such airport if such

  7  authority does not elect to exercise its exemption under this

  8  subsection.

  9         (d)(e)  A helistop used by mosquito control or

10  emergency services, not to include areas where permanent

11  facilities are installed, such as hospital landing sites.

12         (e)(f)  An airport which meets the criteria of s.

13  330.27(11) used exclusively for aerial application or spraying

14  of crops on a seasonal basis, not to include any licensed

15  airport where permanent crop aerial application or spraying

16  facilities are installed, if the period of operation does not

17  exceed 30 days per calendar year. Such proposed airports,

18  which will be located within 3 miles of existing airports or

19  approved airport sites, shall work out safe air-traffic

20  patterns with such existing airports or approved airport

21  sites, by memorandums of understanding, or by letters of

22  agreement between the parties representing the airports or

23  sites.

24         Section 19.  Subsection (2) of section 330.35, Florida

25  Statutes, is amended to read:

26         330.35  Airport zoning, approach zone protection.--

27         (2)  Airports licensed for general public use under the

28  provisions of s. 330.30 are eligible for airport zoning

29  approach zone protection, and the procedure shall be the same

30  as is prescribed in chapter 333.

31

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  1         Section 20.  Subsection (2) of section 330.36, Florida

  2  Statutes, is amended to read:

  3         330.36  Prohibition against county or municipal

  4  licensing of airports; regulation of seaplane landings.--

  5         (2)  A municipality may prohibit or otherwise regulate,

  6  for specified public health and safety purposes, the landing

  7  of seaplanes in and upon any public waters of the state which

  8  are located within the limits or jurisdiction of, or bordering

  9  on, the municipality upon adoption of zoning requirements in

10  compliance with subsection (1).

11         Section 21.  Section 332.004, Florida Statutes, is

12  amended to read:

13         332.004  Definitions of terms used in ss.

14  332.003-332.007.--As used in ss. 332.003-332.007, the term:

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

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

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

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

19  intended for public use, for airport buildings or other

20  airport facilities or rights-of-way.

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

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

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

24  or causes an obstruction to the airspace required for the

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

26  is otherwise hazardous to landing or taking off at such

27  airport.

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

29  for planning purposes, of information and guidance to

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

31  at a specific airport.

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

  2  "development project" means any activity associated with the

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

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

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

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

  7  state, or local permit or agreement for environmental

  8  mitigation; off-airport noise mitigation projects; the

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

10  airport hazards; the installation of navigation aids used by

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

12  the installation of safety equipment required by rule or

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

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

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

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

17  to the maximum extent feasible, with the approved local

18  government comprehensive plan of the units of local government

19  in which the airport is located.

20         (5)  "Airport or aviation discretionary capacity

21  improvement projects" or "discretionary capacity improvement

22  projects" means capacity improvements which are consistent, to

23  the maximum extent feasible, with the approved local

24  government comprehensive plans of the units of local

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

26  intercontinental capacity at airports which:

27         (a)  Are international airports with United States

28  Customs Service;

29         (b)  Had one or more regularly scheduled

30  intercontinental flights during the previous calendar year or

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

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  1  regularly scheduled intercontinental flights upon the

  2  commitment of funds for stipulated airport capital

  3  improvements; and

  4         (c)  Have available or planned public ground

  5  transportation between the airport and other major

  6  transportation facilities.

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

  8  of comprehensive aviation plans designed to achieve and

  9  facilitate the establishment of a statewide, integrated

10  aviation system in order to meet the current and future

11  aviation needs of this state.

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

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

14  public-use airport.

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

16  Federal Government for the accomplishment of airport or

17  aviation development projects.

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

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

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

21  and made operational in the future.

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

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

24  an aircraft.

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

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

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

28  act is contemplated.

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

30  of airport or aviation development or airport master planning.

31

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

  2  accomplishing a project.

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

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

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

  6  individually or jointly with one or more eligible agencies,

  7  submits to the department an application for financial

  8  assistance for an airport development project in accordance

  9  with this act.

10         Section 22.  Subsection (4) is added to section 333.06,

11  Florida Statutes, to read:

12         333.06  Airport zoning requirements.--

13         (4)  ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO

14  AFFECTED LOCAL GOVERNMENTS.--An airport master plan shall be

15  prepared by each publicly owned and operated airport licensed

16  by the Department of Transportation under chapter 330. The

17  authorized entity having responsibility for governing the

18  operation of the airport, when either requesting from or

19  submitting to a state or federal governmental agency with

20  finding or approval jurisdiction a "finding of no significant

21  impact," an environmental assessment, a site selection study,

22  an airport master plan, or any amendment to an airport master

23  plan, shall submit simultaneously a copy of the study, plan,

24  or amendments by certified mail to all affected local

25  governments. For the purposes of this subsection, the term

26  "affected local government" means any municipality or county

27  having jurisdiction over the airport and any municipality or

28  county located within 2 miles of the boundaries of the land

29  subject to the airport master plan.

30         Section 23.  Paragraph (b) of subsection (19) of

31  section 380.06, Florida Statutes, is amended, and paragraph

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  1  (i) and (j) are added to subsection (24) of that section, to

  2  read:

  3         380.06  Developments of regional impact.--

  4         (19)  SUBSTANTIAL DEVIATIONS.--

  5         (b)  Any proposed change to a previously approved

  6  development of regional impact or development order condition

  7  which, either individually or cumulatively with other changes,

  8  exceeds any of the following criteria shall constitute a

  9  substantial deviation and shall cause the development to be

10  subject to further development-of-regional-impact review

11  without the necessity for a finding of same by the local

12  government:

13         1.  An increase in the number of parking spaces at an

14  attraction or recreational facility by 5 percent or 300

15  spaces, whichever is greater, or an increase in the number of

16  spectators that may be accommodated at such a facility by 5

17  percent or 1,000 spectators, whichever is greater.

18         2.  A new runway, a new terminal facility, a 25-percent

19  lengthening of an existing runway, or a 25-percent increase in

20  the number of gates of an existing terminal, but only if the

21  increase adds at least three additional gates.  However, if an

22  airport is located in two counties, a 10-percent lengthening

23  of an existing runway or a 20-percent increase in the number

24  of gates of an existing terminal is the applicable criteria.

25         2.3.  An increase in the number of hospital beds by 5

26  percent or 60 beds, whichever is greater.

27         3.4.  An increase in industrial development area by 5

28  percent or 32 acres, whichever is greater.

29         4.5.  An increase in the average annual acreage mined

30  by 5 percent or 10 acres, whichever is greater, or an increase

31  in the average daily water consumption by a mining operation

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  1  by 5 percent or 300,000 gallons, whichever is greater.  An

  2  increase in the size of the mine by 5 percent or 750 acres,

  3  whichever is less.

  4         5.6.  An increase in land area for office development

  5  by 5 percent or 6 acres, whichever is greater, or an increase

  6  of gross floor area of office development by 5 percent or

  7  60,000 gross square feet, whichever is greater.

  8         7.  An increase in the storage capacity for chemical or

  9  petroleum storage facilities by 5 percent, 20,000 barrels, or

10  7 million pounds, whichever is greater.

11         6.8.  An increase of development at a waterport of wet

12  storage for 20 watercraft, dry storage for 30 watercraft, or

13  wet/dry storage for 60 watercraft in an area identified in the

14  state marina siting plan as an appropriate site for additional

15  waterport development or a 5-percent increase in watercraft

16  storage capacity, whichever is greater.

17         7.9.  An increase in the number of dwelling units by 5

18  percent or 50 dwelling units, whichever is greater.

19         8.10.  An increase in commercial development by 6 acres

20  of land area or by 50,000 square feet of gross floor area, or

21  of parking spaces provided for customers for 300 cars or a

22  5-percent increase of any of these, whichever is greater.

23         9.11.  An increase in hotel or motel facility units by

24  5 percent or 75 units, whichever is greater.

25         10.12.  An increase in a recreational vehicle park area

26  by 5 percent or 100 vehicle spaces, whichever is less.

27         11.13.  A decrease in the area set aside for open space

28  of 5 percent or 20 acres, whichever is less.

29         12.14.  A proposed increase to an approved multiuse

30  development of regional impact where the sum of the increases

31  of each land use as a percentage of the applicable substantial

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  1  deviation criteria is equal to or exceeds 100 percent. The

  2  percentage of any decrease in the amount of open space shall

  3  be treated as an increase for purposes of determining when 100

  4  percent has been reached or exceeded.

  5         13.15.  A 15-percent increase in the number of external

  6  vehicle trips generated by the development above that which

  7  was projected during the original

  8  development-of-regional-impact review.

  9         14.16.  Any change which would result in development of

10  any area which was specifically set aside in the application

11  for development approval or in the development order for

12  preservation or special protection of endangered or threatened

13  plants or animals designated as endangered, threatened, or

14  species of special concern and their habitat, primary dunes,

15  or archaeological and historical sites designated as

16  significant by the Division of Historical Resources of the

17  Department of State.  The further refinement of such areas by

18  survey shall be considered under sub-subparagraph (e)5.b.

19

20  The substantial deviation numerical standards in subparagraphs

21  3., 5., 8., 12., 4., 6., 10., 14., excluding residential uses,

22  and 13. 15., are increased by 100 percent for a project

23  certified under s. 403.973 which creates jobs and meets

24  criteria established by the Office of Tourism, Trade, and

25  Economic Development as to its impact on an area's economy,

26  employment, and prevailing wage and skill levels. The

27  substantial deviation numerical standards in subparagraphs 3.,

28  5., 7., 8., 9., 4., 6., 9., 10., 11., and 12. 14. are

29  increased by 50 percent for a project located wholly within an

30  urban infill and redevelopment area designated on the

31

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  1  applicable adopted local comprehensive plan future land use

  2  map and not located within the coastal high hazard area.

  3         (24)  STATUTORY EXEMPTIONS.--

  4         (i)  Any proposed facility for the storage of any

  5  petroleum product is exempt from the provisions of this

  6  section if such facility is consistent with a local

  7  comprehensive plan that is in compliance with s. 163.3177 or

  8  with s. 163.3178.

  9         (j)  Any development or expansion of an airport or

10  airport-related or aviation-related development is exempt from

11  the provisions of this section.

12         Section 24.  (1)  Nothing contained in this act

13  abridges or modifies any vested or other right or any duty or

14  obligation pursuant to any development order or agreement

15  which is applicable to a development of regional impact on the

16  effective date of this act.  An airport or petroleum storage

17  facility that has received a development-of-regional-impact

18  development order pursuant to section 380.06, Florida

19  Statutes, but is no longer required to undergo

20  development-of-regional-impact review by operation of this

21  act, shall be governed by the following procedures:

22         (a)  The development shall continue to be governed by

23  the development-of-regional-impact development order, and may

24  be completed in reliance upon and pursuant to the development

25  order.  The development-of-regional-impact development order

26  may be enforced by the local government as provided by

27  sections 380.06(17) and 380.11, Florida Statutes.

28         (b)  If requested by the developer or landowner, the

29  development-of-regional-impact development order may be

30  amended or rescinded by the local government consistent with

31  the local comprehensive plan and land development regulations,

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  1  and pursuant to the local government procedures governing

  2  local development orders.

  3         (2)  An airport or petroleum storage facility with an

  4  application for development approval pending on the effective

  5  date of this act, or a notification of proposed change pending

  6  on the effective date of this act, may elect to continue such

  7  review under section 380.06, Florida Statutes.  At the

  8  conclusion of the pending review, including any appeals under

  9  section 380.071, Florida Statutes, the resulting development

10  order shall be governed by subsection (1).

11         Section 25.  Subsection (3) of section 380.0651,

12  Florida Statutes, is amended to read:

13         380.0651  Statewide guidelines and standards.--

14         (3)  The following statewide guidelines and standards

15  shall be applied in the manner described in s. 380.06(2) to

16  determine whether the following developments shall be required

17  to undergo development-of-regional-impact review:

18         (a)  Airports.--

19         1.  Any of the following airport construction projects

20  shall be a development of regional impact:

21         a.  A new commercial service or general aviation

22  airport with paved runways.

23         b.  A new commercial service or general aviation paved

24  runway.

25         c.  A new passenger terminal facility.

26         2.  Lengthening of an existing runway by 25 percent or

27  an increase in the number of gates by 25 percent or three

28  gates, whichever is greater, on a commercial service airport

29  or a general aviation airport with regularly scheduled flights

30  is a development of regional impact.  However, expansion of

31  existing terminal facilities at a nonhub or small hub

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  1  commercial service airport shall not be a development of

  2  regional impact.

  3         3.  Any airport development project which is proposed

  4  for safety, repair, or maintenance reasons alone and would not

  5  have the potential to increase or change existing types of

  6  aircraft activity is not a development of regional impact.

  7  Notwithstanding subparagraphs 1. and 2., renovation,

  8  modernization, or replacement of airport airside or terminal

  9  facilities that may include increases in square footage of

10  such facilities but does not increase the number of gates or

11  change the existing types of aircraft activity is not a

12  development of regional impact.

13         (a)(b)  Attractions and recreation facilities.--Any

14  sports, entertainment, amusement, or recreation facility,

15  including, but not limited to, a sports arena, stadium,

16  racetrack, tourist attraction, amusement park, or pari-mutuel

17  facility, the construction or expansion of which:

18         1.  For single performance facilities:

19         a.  Provides parking spaces for more than 2,500 cars;

20  or

21         b.  Provides more than 10,000 permanent seats for

22  spectators.

23         2.  For serial performance facilities:

24         a.  Provides parking spaces for more than 1,000 cars;

25  or

26         b.  Provides more than 4,000 permanent seats for

27  spectators.

28

29  For purposes of this subsection, "serial performance

30  facilities" means those using their parking areas or permanent

31

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  1  seating more than one time per day on a regular or continuous

  2  basis.

  3         3.  For multiscreen movie theaters of at least 8

  4  screens and 2,500 seats:

  5         a.  Provides parking spaces for more than 1,500 cars;

  6  or

  7         b.  Provides more than 6,000 permanent seats for

  8  spectators.

  9         (b)(c)  Industrial plants, industrial parks, and

10  distribution, warehousing or wholesaling facilities.--Any

11  proposed industrial, manufacturing, or processing plant, or

12  distribution, warehousing, or wholesaling facility, excluding

13  wholesaling developments which deal primarily with the general

14  public onsite, under common ownership, or any proposed

15  industrial, manufacturing, or processing activity or

16  distribution, warehousing, or wholesaling activity, excluding

17  wholesaling activities which deal primarily with the general

18  public onsite, which:

19         1.  Provides parking for more than 2,500 motor

20  vehicles; or

21         2.  Occupies a site greater than 320 acres.

22         (c)(d)  Office development.--Any proposed office

23  building or park operated under common ownership, development

24  plan, or management that:

25         1.  Encompasses 300,000 or more square feet of gross

26  floor area; or

27         2.  Has a total site size of 30 or more acres; or

28         3.  Encompasses more than 600,000 square feet of gross

29  floor area in a county with a population greater than 500,000

30  and only in a geographic area specifically designated as

31  highly suitable for increased threshold intensity in the

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  1  approved local comprehensive plan and in the strategic

  2  regional policy plan.

  3         (d)(e)  Port facilities.--The proposed construction of

  4  any waterport or marina is required to undergo

  5  development-of-regional-impact review, except one designed

  6  for:

  7         1.a.  The wet storage or mooring of fewer than 150

  8  watercraft used exclusively for sport, pleasure, or commercial

  9  fishing, or

10         b.  The dry storage of fewer than 200 watercraft used

11  exclusively for sport, pleasure, or commercial fishing, or

12         c.  The wet or dry storage or mooring of fewer than 150

13  watercraft on or adjacent to an inland freshwater lake except

14  Lake Okeechobee or any lake which has been designated an

15  Outstanding Florida Water, or

16         d.  The wet or dry storage or mooring of fewer than 50

17  watercraft of 40 feet in length or less of any type or

18  purpose. The exceptions to this paragraph's requirements for

19  development-of-regional-impact review shall not apply to any

20  waterport or marina facility located within or which serves

21  physical development located within a coastal barrier resource

22  unit on an unbridged barrier island designated pursuant to 16

23  U.S.C. s. 3501.

24

25  In addition to the foregoing, for projects for which no

26  environmental resource permit or sovereign submerged land

27  lease is required, the Department of Environmental Protection

28  must determine in writing that a proposed marina in excess of

29  10 slips or storage spaces or a combination of the two is

30  located so that it will not adversely impact Outstanding

31  Florida Waters or Class II waters and will not contribute boat

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  1  traffic in a manner that will have an adverse impact on an

  2  area known to be, or likely to be, frequented by manatees. If

  3  the Department of Environmental Protection fails to issue its

  4  determination within 45 days of receipt of a formal written

  5  request, it has waived its authority to make such

  6  determination. The Department of Environmental Protection

  7  determination shall constitute final agency action pursuant to

  8  chapter 120.

  9         2.  The dry storage of fewer than 300 watercraft used

10  exclusively for sport, pleasure, or commercial fishing at a

11  marina constructed and in operation prior to July 1, 1985.

12         3.  Any proposed marina development with both wet and

13  dry mooring or storage used exclusively for sport, pleasure,

14  or commercial fishing, where the sum of percentages of the

15  applicable wet and dry mooring or storage thresholds equals

16  100 percent. This threshold is in addition to, and does not

17  preclude, a development from being required to undergo

18  development-of-regional-impact review under sub-subparagraphs

19  1.a. and b. and subparagraph 2.

20         (e)(f)  Retail and service development.--Any proposed

21  retail, service, or wholesale business establishment or group

22  of establishments which deals primarily with the general

23  public onsite, operated under one common property ownership,

24  development plan, or management that:

25         1.  Encompasses more than 400,000 square feet of gross

26  area;

27         2.  Occupies more than 40 acres of land; or

28         3.  Provides parking spaces for more than 2,500 cars.

29         (f)(g)  Hotel or motel development.--

30         1.  Any proposed hotel or motel development that is

31  planned to create or accommodate 350 or more units; or

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  1         2.  Any proposed hotel or motel development that is

  2  planned to create or accommodate 750 or more units, in a

  3  county with a population greater than 500,000, and only in a

  4  geographic area specifically designated as highly suitable for

  5  increased threshold intensity in the approved local

  6  comprehensive plan and in the strategic regional policy plan.

  7         (g)(h)  Recreational vehicle development.--Any proposed

  8  recreational vehicle development planned to create or

  9  accommodate 500 or more spaces.

10         (h)(i)  Multiuse development.--Any proposed development

11  with two or more land uses where the sum of the percentages of

12  the appropriate thresholds identified in chapter 28-24,

13  Florida Administrative Code, or this section for each land use

14  in the development is equal to or greater than 145 percent.

15  Any proposed development with three or more land uses, one of

16  which is residential and contains at least 100 dwelling units

17  or 15 percent of the applicable residential threshold,

18  whichever is greater, where the sum of the percentages of the

19  appropriate thresholds identified in chapter 28-24, Florida

20  Administrative Code, or this section for each land use in the

21  development is equal to or greater than 160 percent.  This

22  threshold is in addition to, and does not preclude, a

23  development from being required to undergo

24  development-of-regional-impact review under any other

25  threshold.

26         (i)(j)  Residential development.--No rule may be

27  adopted concerning residential developments which treats a

28  residential development in one county as being located in a

29  less populated adjacent county unless more than 25 percent of

30  the development is located within 2 or less miles of the less

31  populated adjacent county.

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  1         (j)(k)  Schools.--

  2         1.  The proposed construction of any public, private,

  3  or proprietary postsecondary educational campus which provides

  4  for a design population of more than 5,000 full-time

  5  equivalent students, or the proposed physical expansion of any

  6  public, private, or proprietary postsecondary educational

  7  campus having such a design population that would increase the

  8  population by at least 20 percent of the design population.

  9         2.  As used in this paragraph, "full-time equivalent

10  student" means enrollment for 15 or more quarter hours during

11  a single academic semester.  In area vocational schools or

12  other institutions which do not employ semester hours or

13  quarter hours in accounting for student participation,

14  enrollment for 18 contact hours shall be considered equivalent

15  to one quarter hour, and enrollment for 27 contact hours shall

16  be considered equivalent to one semester hour.

17         3.  This paragraph does not apply to institutions which

18  are the subject of a campus master plan adopted by the Board

19  of Regents pursuant to s. 240.155.

20         Section 26.  Subsections (5) and (15) of section

21  334.044, Florida Statutes, are amended to read:

22         334.044  Department; powers and duties.--The department

23  shall have the following general powers and duties:

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

25  and materials, including the purchase of promotional items as

26  part of public information and education campaigns for the

27  promotion of scenic highways, traffic and train safety

28  awareness, alternatives to single-occupant vehicle travel, and

29  commercial motor vehicle safety; to purchase, lease, or

30  otherwise acquire equipment and supplies; and to sell,

31

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  1  exchange, or otherwise dispose of any property that is no

  2  longer needed by the department.

  3         (15)  To regulate and prescribe conditions for the

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

  5  of manmade changes to adjacent properties.

  6         (a)  Such regulation shall be through a permitting

  7  process designed to ensure the safety and integrity of the

  8  Department of Transportation facilities and to prevent an

  9  unreasonable burden on lower properties.

10         (b)  The department is specifically authorized to adopt

11  rules which set forth the purpose; necessary definitions;

12  permit exceptions; permit and assurance requirements; permit

13  application procedures; permit forms; general conditions for a

14  drainage permit; provisions for suspension or revocation of a

15  permit; and provisions for department recovery of fines,

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

17  order to avoid duplication and overlap with other units of

18  government, the department shall accept a surface water

19  management permit issued by a water management district, the

20  Department of Environmental Protection, a surface water

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

22  permit issued pursuant to an approved Stormwater Management

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

24  requirements equal to or more stringent than those of the

25  department. The department and a governmental entity may enter

26  into a permit-delegation agreement under which issuance is

27  based on requirements that the department determines will

28  ensure the safety and integrity of department facilities.

29         Section 27.  Section 335.066, Florida Statutes, is

30  created to read:

31         335.066  Safe Paths to Schools Program--

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  1         (1)  There is established within the Department of

  2  Transportation the Safe Paths to Schools Program to consider

  3  the planning and construction of bicycle and pedestrian ways

  4  to provide safe transportation for children from neighborhoods

  5  to schools, to parks, and to the state's greenway and trails

  6  system.

  7         (2)  As part of the Safe Paths to Schools Program, the

  8  department may establish a grant program to fund local,

  9  regional, and state bicycle and pedestrian projects that

10  support the program.

11         (3)  The department may adopt appropriate rules for the

12  administration of the Safe Paths to Schools Program.

13         Section 28.  Section 334.30, Florida Statutes, is

14  amended to read:

15         334.30  Public-private Private transportation

16  facilities.--The Legislature hereby finds and declares that

17  there is a public need for rapid construction of safe and

18  efficient transportation facilities for the purpose of travel

19  within the state, and that it is in the public's interest to

20  provide for public-private partnership agreements to

21  effectuate the construction of additional safe, convenient,

22  and economical transportation facilities.

23         (1)  The department may receive or solicit proposals

24  and, with legislative approval by a separate bill for each

25  facility, enter into agreements with private entities, or

26  consortia thereof, for the building, operation, ownership, or

27  financing of transportation facilities. The department is

28  authorized to adopt rules to implement this section and shall

29  by rule establish an application fee for the submission of

30  proposals under this section. The fee must be sufficient to

31  pay the costs of evaluating the proposals. The department may

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  1  engage the services of private consultants to assist in the

  2  evaluation. Before seeking legislative approval, the

  3  department must determine that the proposed project:

  4         (a)  Is in the public's best interest.;

  5         (b)  Would not require state funds to be used unless

  6  there is an overriding state interest. However, the department

  7  may use state resources for a transportation facility project

  8  that is on the State Highway System or that provides for

  9  increased mobility on the state's transportation system.; and

10         (c)  Would have adequate safeguards in place to ensure

11  that no additional costs or service disruptions would be

12  realized by the traveling public and citizens of the state in

13  the event of default or cancellation of the agreement by the

14  department.

15

16  The department shall ensure that all reasonable costs to the

17  state and substantially affected local governments and

18  utilities, related to the private transportation facility, are

19  borne by the private entity.

20         (2)  The use of funds from the State Transportation

21  Trust Fund is limited to advancing projects already programmed

22  in the adopted 5-year work program or to no more than a

23  statewide total of $50 million in capital costs for all

24  projects not programmed in the adopted 5-year work program.

25         (3)  The department may request proposals for

26  public-private transportation proposals or, if the department

27  receives a proposal, the department shall publish a notice in

28  Administrative Weekly and a newspaper of general circulation,

29  at least once a week for 2 weeks, stating that the department

30  has received the proposal and will accept, for 60 days after

31  the initial date of publication, other proposals for the same

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  1  project purpose.  A copy of the notice must be mailed to each

  2  local government in the affected area.  Notwithstanding any

  3  other provision of law, entities selected by the department in

  4  this manner shall be deemed to have complied with open

  5  competition provisions of law.

  6         (4)  A separate bill for projects requiring legislative

  7  approval shall be required for each facility requesting funds

  8  form the State Transportation Trust Fund in excess of a

  9  statewide total of $50 million in capital costs for all

10  projects not programmed in the 5-year work program.

11         (5)(2)  Agreements entered into pursuant to this

12  section may authorize the private entity to impose tolls or

13  fares for the use of the facility.  However, the amount and

14  use of toll or fare revenues may be regulated by the

15  department to avoid unreasonable costs to users of the

16  facility.

17         (6)(3)  Each private transportation facility

18  constructed pursuant to this section shall comply with all

19  requirements of federal, state, and local laws; state,

20  regional, and local comprehensive plans; department rules,

21  policies, procedures, and standards for transportation

22  facilities; and any other conditions which the department

23  determines to be in the public's best interest.

24         (7)(4)  The department may exercise any power possessed

25  by it, including eminent domain, with respect to the

26  development and construction of state transportation projects

27  to facilitate the development and construction of

28  transportation projects pursuant to this section. For

29  public-private facilities located on the State Highway System,

30  the department may pay all or part of the cost of operating

31  and maintaining the facility. For facilities not located on

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  1  the State Highway System the department may provide services

  2  to the private entity, and. agreements for maintenance, law

  3  enforcement, and other services entered into pursuant to this

  4  section shall provide for full reimbursement for services

  5  rendered.

  6         (8)(5)  Except as herein provided, the provisions of

  7  this section are not intended to amend existing laws by

  8  granting additional powers to, or further restricting, local

  9  governmental entities from regulating and entering into

10  cooperative arrangements with the private sector for the

11  planning, construction, and operation of transportation

12  facilities.

13         (9)  The department shall have the authority to create,

14  or assist in the creation of, tax-exempt, public-purpose

15  chapter 63-20 corporations as provided for under the Internal

16  Revenue Code, for the purpose of shielding the state from

17  possible financing risks for projects under this section.

18  Chapter 63-20 corporations may receive State Transportation

19  Trust Fund grants from the department.  The department shall

20  be empowered to enter into public-private partnership

21  agreements with chapter 63-20 corporations for projects under

22  this section.

23         (10)  The department may lend funds from the Toll

24  Facilities Revolving Trust Fund, as outlined in s. 338.251, to

25  chapter 63-20 corporations that propose projects containing

26  toll facilities.  To be eligible, the chapter 63-20

27  corporation must meet the provisions of s. 338.251 and must

28  also provide credit support, such as a letter of credit or

29  other means acceptable to the department, to ensure that the

30  loans will be repaid as required by law.

31

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  1         (11)(6)  Notwithstanding s. 341.327, a fixed-guideway

  2  transportation system authorized by the department to be

  3  wholly or partially within the department's right-of-way

  4  pursuant to a lease granted under s. 337.251 may operate at

  5  any safe speed.

  6         Section 29.  Present subsection (3) of section 335.141

  7  is repealed, present subsection (4) of that section is

  8  redesignated as subsection (3) and amended, and present

  9  subsection (5) of that section is redesignated as subsection

10  (4), to read:

11         335.141  Regulation of public railroad-highway grade

12  crossings; reduction of hazards.--

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

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

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

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

17  provisions of chapter 120.  The department shall have the

18  authority to adopt reasonable rules to carry out the

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

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

21  order.

22         (3)(4)  Jurisdiction to enforce such orders shall be as

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

24  shall be imposed upon the railroad company guilty of such

25  violation. This section does not Nothing herein shall prevent

26  a local governmental entity from enacting ordinances relating

27  to the blocking of streets by railroad engines and cars.

28         (4)(5)  Any local governmental entity or other public

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

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

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

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

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

  3  agency and railroad to assure the safety of the railroad

  4  trains and the participants in the event.

  5         Section 30.  Subsection (4) is added to section 336.41,

  6  Florida Statutes, to read:

  7         336.41  Counties; employing labor and providing road

  8  equipment; definitions.--

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

10  may require that persons interested in performing work under

11  the contract first be certified or qualified to do the work.

12  Any contractor prequalified and considered eligible to bid by

13  the department to perform the type of work described under the

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

15  so described.  Any contractor may be considered ineligible to

16  bid by the county if the contractor is behind an approved

17  progress schedule by 10 percent or more on another project for

18  that county at the time of the advertisement of the work.  The

19  county may provide an appeal process to overcome that

20  presumption with de novo review based on the record below to

21  the circuit court.

22         (b)  The county shall publish prequalification criteria

23  and procedures prior to advertisement or notice of

24  solicitation.  Such publications shall include notice of a

25  public hearing for comment on such criteria and procedures

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

27  process within the county for objections to the

28  prequalification process with de novo review based on the

29  record below to the circuit court.

30         (c)  The county shall also publish for comment, prior

31  to adoption, the selection criteria and procedures to be used

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  1  by the county if such procedures would allow selection of

  2  other than the lowest responsible bidder.  The selection

  3  criteria shall include an appeal process within the county

  4  with de novo review based on the record below to the circuit

  5  court.

  6         Section 31.  Subsection (2) of section 336.44, Florida

  7  Statutes, is amended to read:

  8         336.44  Counties; contracts for construction of roads;

  9  procedure; contractor's bond.--

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

11  responsible competent bidder, after publication of notice for

12  bids containing specifications furnished by the commissioners

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

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

15  the making of such contract.

16         Section 32.  Section 337.025, Florida Statutes, is

17  amended to read:

18         337.025  Innovative highway projects; department to

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

20  a program for highway projects demonstrating innovative

21  techniques of highway construction, maintenance, and finance

22  which have the intended effect of controlling time and cost

23  increases on construction projects.  Such techniques may

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

25  for pavement, safety, and other aspects of highway

26  construction and maintenance; innovative bidding and financing

27  techniques; accelerated construction procedures; and those

28  techniques that have the potential to reduce project life

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

30  must use the existing process to award and administer

31  construction and maintenance contracts.  When specific

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

  2  required to adhere to those provisions of law that would

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

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

  5  innovative technique that is inconsistent with another

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

  7  need for the exception and identify what benefits the

  8  traveling public and the affected community are anticipated to

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

10  million in contracts annually for the purposes authorized by

11  this section. However, the annual cap on contracts provided in

12  this section shall not apply to turnpike enterprise projects

13  nor shall turnpike enterprise projects be counted toward the

14  department's annual cap.

15         Section 33.  Section 337.107, Florida Statutes, is

16  amended to read:

17         337.107  Contracts for right-of-way services.--The

18  department may enter into contracts pursuant to s. 287.055 or

19  s. 337.025 for right-of-way services on transportation

20  corridors and transportation facilities, or the department may

21  include right-of-way services as part of design-build

22  contracts awarded under s. 337.11.  Right-of-way services

23  include negotiation and acquisition services, appraisal

24  services, demolition and removal of improvements, and

25  asbestos-abatement services.

26         Section 34.  Paragraph (c) of subsection (3), paragraph

27  (c) of subsection (6), and paragraph (a) of subsection (7) of

28  section 337.11, Florida Statutes, are amended to read:

29         337.11  Contracting authority of department; bids;

30  emergency repairs, supplemental agreements, and change orders;

31

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  1  combined design and construction contracts; progress payments;

  2  records; requirements of vehicle registration.--

  3         (3)

  4         (c)  No advertisement for bids shall be published and

  5  no bid solicitation notice shall be provided until title to

  6  all necessary rights-of-way and easements for the construction

  7  of the project covered by such advertisement or notice has

  8  vested in the state or a local governmental entity, and all

  9  railroad crossing and utility agreements have been executed.

10  The turnpike enterprise is exempt from the provision for a

11  turnpike enterprise project. Title to all necessary

12  rights-of-way shall be deemed to have been vested in the State

13  of Florida when such title has been dedicated to the public or

14  acquired by prescription.

15         (6)

16         (c)  When the department determines that it is in the

17  best interest of the public for reasons of public concern,

18  economy, improved operations or safety, and only when

19  circumstances dictate rapid completion of the work, the

20  department may, up to the threshold amount of $120,000

21  provided in s. 287.017 for CATEGORY FOUR, enter into contracts

22  for construction and maintenance without advertising and

23  receiving competitive bids. However, if legislation is enacted

24  by the Legislature which changes the category thresholds, the

25  threshold amount shall remain at $60,000. The department may

26  enter into such contracts only upon a determination that the

27  work is necessary for one of the following reasons:

28         1.  To ensure timely completion of projects or

29  avoidance of undue delay for other projects;

30

31

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  1         2.  To accomplish minor repairs or construction and

  2  maintenance activities for which time is of the essence and

  3  for which significant cost savings would occur; or

  4         3.  To accomplish nonemergency work necessary to ensure

  5  avoidance of adverse conditions that affect the safe and

  6  efficient flow of traffic.

  7

  8  The department shall make a good faith effort to obtain two or

  9  more quotes, if available, from qualified contractors before

10  entering into any contract. The department shall give

11  consideration to disadvantaged business enterprise

12  participation. However, when the work exists within the limits

13  of an existing contract, the department shall make a good

14  faith effort to negotiate and enter into a contract with the

15  prime contractor on the existing contract.

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

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

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

19  major bridge, an enhancement project, or a rail corridor

20  project into a single contract. Such contract is referred to

21  as a design-build contract. Design-build contracts may be

22  advertised and awarded notwithstanding the requirements of s.

23  337.11(3)(c). However, construction activities may not begin

24  on any portion of such a project until title to the necessary

25  rights-of-way and easements for the construction of that

26  portion of the project has vested in the state or in a local

27  government entity and all railroad-crossing and utility

28  agreements have been executed. Title to rights-of-way vests in

29  the state when the title has been dedicated to the public or

30  acquired by prescription.

31

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  1         Section 35.  Subsection (4) of section 337.14, Florida

  2  Statutes, is amended and subsection (9) is added to that

  3  section to read:

  4         337.14  Application for qualification; certificate of

  5  qualification; restrictions; request for hearing.--

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

  7  prescribed qualifications, the department shall issue to him

  8  or her a certificate of qualification that which, unless

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

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

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

12  department prescribes may prescribe.  If In the event the

13  department finds that an application is incomplete or contains

14  inadequate information or information that which cannot be

15  verified, the department may request in writing that the

16  applicant provide the necessary information to complete the

17  application or provide the source from which any information

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

19  comply with the initial written request within a reasonable

20  period of time as specified therein, the department shall

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

22  to comply with the second request within a reasonable period

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

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

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

26  pursuant to chapter 348 or chapter 349 may require that

27  persons interested in performing work under contract first be

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

29  considered ineligible to bid by the governmental entity or

30  authority if the contractor is behind an approved progress

31  schedule for the governmental entity or authority by 10

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  1  percent or more at the time of advertisement of the work.  Any

  2  contractor prequalified and considered eligible by the

  3  department to bid to perform the type of work described under

  4  the contract shall be presumed to be qualified to perform the

  5  work so described.  The governmental entity or authority may

  6  provide an appeal process to overcome that presumption with de

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

  8         (b)  With respect to contractors not prequalified with

  9  the department, the authority shall publish prequalification

10  criteria and procedures prior to advertisement or notice of

11  solicitation.  Such publications shall include notice of a

12  public hearing for comment on such criteria and procedures

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

14  process within the authority for objections to the

15  prequalification process with de novo review based on the

16  record below to the circuit court.

17         (c)  An authority may establish criteria and procedures

18  whereunder contactor selection may occur on a basis other than

19  the lowest responsible bidder.  Prior to adoption, the

20  authority shall publish for comment the proposed criteria and

21  procedures.  Review of the adopted criteria and procedures

22  shall be to the circuit court, within 30 days of adoption,

23  with de novo review based on the record below.

24         Section 36.  Subsection (2) of section 337.401, Florida

25  Statutes, is amended to read:

26         337.401  Use of right-of-way for utilities subject to

27  regulation; permit; fees.--

28         (2)  The authority may grant to any person who is a

29  resident of this state, or to any corporation which is

30  organized under the laws of this state or licensed to do

31  business within this state, the use of a right-of-way for the

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  1  utility in accordance with such rules or regulations as the

  2  authority may adopt.  No utility shall be installed, located,

  3  or relocated unless authorized by a written permit issued by

  4  the authority. However, for public roads or publicly owned

  5  rail corridors under the jurisdiction of the department, a

  6  utility-relocation schedule and relocation agreement may be

  7  executed in lieu of a written permit. The permit shall require

  8  the permitholder to be responsible for any damage resulting

  9  from the issuance of such permit.  The authority may initiate

10  injunctive proceedings as provided in s. 120.69 to enforce

11  provisions of this subsection or any rule or order issued or

12  entered into pursuant thereto.

13         Section 37.  Section 338.22, Florida Statutes, is

14  amended to read:

15         338.22  Florida Turnpike Enterprise Law; short

16  title.--Sections 338.22-338.241 may be cited as the "Florida

17  Turnpike Enterprise Law."

18         Section 38.  Section 338.221, Florida Statutes, is

19  amended to read:

20         338.221  Definitions of terms used in ss.

21  338.22-338.241.--As used in ss. 338.22-338.241, the following

22  words and terms have the following meanings, unless the

23  context indicates another or different meaning or intent:

24         (1)  "Bonds" or "revenue bonds" means notes, bonds,

25  refunding bonds or other evidences of indebtedness or

26  obligations, in either temporary or definitive form, issued by

27  the Division of Bond Finance on behalf of the department and

28  authorized under the provisions of ss. 338.22-338.241 and the

29  State Bond Act.

30         (2)  "Cost," as applied to a turnpike project, includes

31  the cost of acquisition of all land, rights-of-way, property,

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  1  easements, and interests acquired by the department for

  2  turnpike project construction; the cost of such construction;

  3  the cost of all machinery and equipment, financing charges,

  4  fees, and expenses related to the financing; establishment of

  5  reserves to secure bonds; interest prior to and during

  6  construction and for such period after completion of

  7  construction as shall be determined by the department; the

  8  cost of traffic estimates and of engineering and legal

  9  expenses, plans, specifications, surveys, estimates of cost

10  and revenues; other expenses necessary or incident to

11  determining the feasibility or practicability of acquiring or

12  constructing any such turnpike project; administrative

13  expenses; and such other expenses as may be necessary or

14  incident to the acquisition or construction of a turnpike

15  project, the financing of such acquisition or construction,

16  and the placing of the turnpike project in operation.

17         (3)  "Feeder road" means any road no more than 5 miles

18  in length, connecting to the turnpike system which the

19  department determines is necessary to create or facilitate

20  access to a turnpike project.

21         (4)  "Owner" includes any person or any governmental

22  entity that has title to, or an interest in, any property,

23  right, easement, or interest authorized to be acquired

24  pursuant to ss. 338.22-338.241.

25         (5)  "Revenues" means all tolls, charges, rentals,

26  gifts, grants, moneys, and other funds coming into the

27  possession, or under the control, of the department by virtue

28  of the provisions hereof, except the proceeds from the sale of

29  bonds issued under ss. 338.22-338.241.

30         (6)  "Turnpike system" means those limited access toll

31  highways and associated feeder roads and other structures,

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  1  appurtenances, or rights previously designated, acquired, or

  2  constructed pursuant to the Florida Turnpike Law and such

  3  other additional turnpike projects as may be acquired or

  4  constructed as approved by the Legislature.

  5         (7)  "Turnpike improvement" means any betterment

  6  necessary or desirable for the operation of the turnpike

  7  system, including, but not limited to, widenings, the addition

  8  of interchanges to the existing turnpike system, resurfacings,

  9  toll plazas, machinery, and equipment.

10         (8)  "Economically feasible" for a proposed turnpike

11  project means that the revenues of the project in combination

12  with those of the existing turnpike system are sufficient to

13  service the debt of the outstanding turnpike bonds to

14  safeguard investors.:

15         (a)  For a proposed turnpike project, that, as

16  determined by the department before the issuance of revenue

17  bonds for the project, the estimated net revenues of the

18  proposed turnpike project, excluding feeder roads and turnpike

19  improvements, will be sufficient to pay at least 50 percent of

20  the debt service on the bonds by the end of the 5th year of

21  operation and to pay at least 100 percent of the debt service

22  on the bonds by the end of the 15th year of operation. In

23  implementing this paragraph, up to 50 percent of the adopted

24  work program costs of the project may be funded from turnpike

25  revenues.

26         (b)  For turnpike projects, except for feeder roads and

27  turnpike improvements, financed from revenues of the turnpike

28  system, such project, or such group of projects, originally

29  financed from revenues of the turnpike system, that the

30  project is expected to generate sufficient revenues to

31  amortize project costs within 15 years of opening to traffic.

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  1

  2  This subsection does not prohibit the pledging of revenues

  3  from the entire turnpike system to bonds issued to finance or

  4  refinance a turnpike project or group of turnpike projects.

  5         (9)  "Turnpike project" means any extension to or

  6  expansion of the existing turnpike system and new limited

  7  access toll highways and associated feeder roads and other

  8  structures, interchanges, appurtenances, or rights as may be

  9  approved in accordance with the Florida Turnpike Law.

10         (10)  "Statement of environmental feasibility" means a

11  statement by the Department of Environmental Protection of the

12  project's significant environmental impacts.

13         Section 39.  Section 338.2215, Florida Statutes, is

14  created to read:

15         338.2215  Florida Turnpike Enterprise; legislative

16  findings, policy, purpose, and intent.--It is the intent of

17  the Legislature that the turnpike enterprise be provided

18  additional powers and authority in order to maximize the

19  advantages obtainable through fully leveraging the Florida

20  Turnpike System asset.  The additional powers and authority

21  will provide the turnpike enterprise with the autonomy and

22  flexibility to enable it to more easily pursue innovations as

23  well as best practices found in the private sector in

24  management, finance, organization, and operations. The

25  additional powers and authority are intended to improve

26  cost-effectiveness and timeliness of project delivery,

27  increase revenues, expand the turnpike system's capital

28  program capability, and improve the quality of service to its

29  patrons, while continuing to protect the turnpike system's

30  bondholders and further preserve, expand, and improve the

31  Florida Turnpike System.

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  1         Section 40.  Section 338.2216, Florida Statutes, is

  2  created to read:

  3         338.2216 Florida Turnpike Enterprise; powers and

  4  authority.--

  5         (1)(a)  In addition to the powers granted to the

  6  department, the Florida Turnpike Enterprise has full authority

  7  to exercise all powers granted to it under this chapter.

  8  Powers shall include, but are not limited to, the ability to

  9  plan, construct, maintain, repair and operate the Florida

10  Turnpike System.

11         (b)  It is the express intention of this part that the

12  Florida Turnpike Enterprise be authorized to plan, develop,

13  own, purchase, lease, or otherwise acquire, demolish,

14  construct, improve, relocate, equip, repair, maintain,

15  operate, and manage the Florida Turnpike System; to expend

16  funds to publicize, advertise, and promote the advantages of

17  using the turnpike system and its facilities; and to

18  cooperate, coordinate, partner, and contract with other

19  entities, public and private, to accomplish these purposes.

20         (c)  The executive director of the turnpike enterprise

21  shall appoint a staff, which shall be exempt from part II of

22  chapter 110.  The fiscal functions of the turnpike enterprise,

23  including those arising under chapters 216, 334, and 339,

24  shall be managed by the turnpike enterprise chief financial

25  officer, who shall possess qualifications similar to those of

26  the department comptroller.

27         (2)(a)  The department shall have the authority to

28  employ procurement methods available to the Department of

29  Management Services under chapters 255 and 287 and under any

30  rule adopted under such chapters solely for the benefit of the

31  turnpike enterprise. In order to enhance the effective and

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  1  efficient operation of the turnpike enterprise, the department

  2  may adopt rules for procurement procedures alternative to

  3  chapters 255, 287, and 337.

  4         (3)(a)  The turnpike enterprise shall be a single

  5  budget entity and shall develop a budget pursuant to chapter

  6  216.  The turnpike enterprise's budget shall be submitted to

  7  the Legislature along with the department's budget.

  8         (b)  Notwithstanding the provisions of s. 216.301 to

  9  the contrary and in accordance with s. 216.351, the Executive

10  Office of the Governor shall, on July 1 of each year, certify

11  forward all unexpended funds appropriated or provided pursuant

12  to this section for the turnpike enterprise.  Of the

13  unexpended funds certified forward, any unencumbered amounts

14  shall be carried forward.  Such funds carried forward shall

15  not exceed 5 percent of the total operating budget of the

16  turnpike enterprise.  Funds carried forward pursuant to this

17  section may be used for any lawful purpose including but not

18  limited to promotional and market activities, technology,

19  training, and salary bonuses.  Any certified forward funds

20  remaining undisbursed on December 31 of each year shall be

21  carried forward.

22         (4)  The powers conferred upon the turnpike enterprise

23  under s. 338.22-338.241 shall be in addition and supplemental

24  to the existing powers of the department and the turnpike

25  enterprise, and these powers shall not be construed as

26  repealing any of the provisions of any other law, general or

27  local, but shall supersede such other laws that are

28  inconsistent with the exercise of the powers provided under s.

29  338.22-338.241 and provide a complete method for the exercise

30  of such powers granted.

31

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  1         Section 41.  Subsection (4) of section 338.233, Florida

  2  Statutes, is amended to read:

  3         338.223  Proposed turnpike projects.--

  4         (4)  The department is authorized, with the approval of

  5  the Legislature, to use federal and state transportation funds

  6  to lend or pay a portion of the operating, maintenance, and

  7  capital costs of turnpike projects. Federal and state

  8  transportation funds included in an adopted work program, or

  9  the General Appropriations Act, for a turnpike project do not

10  have to be reimbursed to the State Transportation Trust Fund,

11  or used in determining the economic feasibility of the

12  proposed project. For operating and maintenance loans, the

13  maximum net loan amount in any fiscal year shall not exceed

14  1.5 0.5 percent of state transportation tax revenues for that

15  fiscal year.

16         Section 42.  Subsection (2) of section 338.227, Florida

17  Statutes, is amended to read:

18         338.227  Turnpike revenue bonds.--

19         (2)  The proceeds of the bonds of each issue shall be

20  used solely for the payment of the cost of the turnpike

21  projects for which such bonds shall have been issued, except

22  as provided in the State Bond Act.  Such proceeds shall be

23  disbursed and used as provided by ss. 338.22-338.241 and in

24  such manner and under such restrictions, if any, as the

25  Division of Bond Finance may provide in the resolution

26  authorizing the issuance of such bonds or in the trust

27  agreement hereinafter mentioned securing the same.  All

28  revenues and bond proceeds from the turnpike system received

29  by the department pursuant to ss. 338.22-338.241, the Florida

30  Turnpike Enterprise Law, shall be used only for the cost of

31  turnpike projects and turnpike improvements and for the

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  1  administration, operation, maintenance, and financing of the

  2  turnpike system. No revenues or bond proceeds from the

  3  turnpike system shall be spent for the operation, maintenance,

  4  construction, or financing of any project which is not part of

  5  the turnpike system.

  6         Section 43.  Subsection (2) of section 338.2275,

  7  Florida Statutes, is amended to read:

  8         338.2275  Approved turnpike projects.--

  9         (2)  The department is authorized to use turnpike

10  revenues, the State Transportation Trust Fund moneys allocated

11  for turnpike projects pursuant to s. 338.001, federal funds,

12  and bond proceeds, and shall use the most cost-efficient

13  combination of such funds, in developing a financial plan for

14  funding turnpike projects.  The department must submit a

15  report of the estimated cost for each ongoing turnpike project

16  and for each planned project to the Legislature 14 days before

17  the convening of the regular legislative session. Verification

18  of economic feasibility and statements of environmental

19  feasibility for individual turnpike projects must be based on

20  the entire project as approved.  Statements of environmental

21  feasibility are not required for those projects listed in s.

22  12, chapter 90-136, Laws of Florida, for which the Project

23  Development and Environmental Reports were completed by July

24  1, 1990. All required environmental permits must be obtained

25  before the The department may advertise for bids for contracts

26  for the construction of any turnpike project prior to

27  obtaining required environmental permits.

28         Section 44.  Section 338.234, Florida Statutes, is

29  amended to read:

30         338.234  Granting concessions or selling along the

31  turnpike system.--

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  1         (1)  The department may enter into contracts or

  2  licenses with any person for the sale of grant concessions or

  3  sell services or products, or business opportunities on along

  4  the turnpike system, or the turnpike enterprise may sell

  5  services, products, or business opportunities on the turnpike

  6  system which benefit the traveling public or provide

  7  additional revenue to the turnpike system. Services, business

  8  opportunities, and products authorized to be sold include, but

  9  are not limited to, the sale of motor fuel, vehicle towing,

10  and vehicle maintenance services; the sale of food with

11  attendant nonalcoholic beverages; lodging, meeting rooms, and

12  other business services opportunities; advertising and other

13  promotional opportunities, which advertising and promotions

14  must be consistent with the dignity and integrity of the

15  state; the sale of state lottery tickets sold by authorized

16  retailers; games and amusements that the granting of

17  concessions for amusement devices which operate by the

18  application of skill, not including games of chance as defined

19  in s. 849.16 or other illegal gambling games; the sale of

20  Florida citrus, goods promoting the state, or handmade goods

21  produced within the state; the granting of concessions for

22  equipment which provides and travel information, or tickets,

23  reservations, or other related services; and the granting of

24  concessions which provide banking and other business services.

25  The department may also provide information centers on the

26  plazas for the benefit of the public.

27         (2)  The department may provide an opportunity for

28  governmental agencies to hold public events at turnpike plazas

29  which educate the traveling public as to safety, travel, and

30  tourism.

31

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  1         Section 45.  Subsection (3) of section 338.235, Florida

  2  Statutes, is amended to read:

  3         338.235  Contracts with department for provision of

  4  services on the turnpike system.--

  5         (3)  The department may enter into contracts or

  6  agreements, with or without competitive bidding or

  7  procurement, to make available, on a fair, reasonable,

  8  nonexclusive, and nondiscriminatory basis, turnpike property

  9  and other turnpike structures, for the placement of wireless

10  facilities by any wireless provider of mobile services as

11  defined in 47 U.S.C. s. 153(n) or s. 332(d), and any

12  telecommunications company as defined in s. 364.02 when it is

13  determined to be practical and feasible to make such property

14  or structures available. The department may, without adopting

15  a rule, charge a just, reasonable, and nondiscriminatory fee

16  for placement of the facilities, payable annually, based on

17  the fair market value of space used by comparable

18  communications facilities in the state. The department and a

19  wireless provider may negotiate the reduction or elimination

20  of a fee in consideration of goods or services service

21  provided to the department by the wireless provider. All such

22  fees collected by the department shall be deposited directly

23  into the State Agency Law Enforcement Radio System Trust Fund

24  and may be used to construct, maintain, or support the system.

25         Section 46.  Subsection (2) of section 338.239, Florida

26  Statutes, is amended to read:

27         338.239  Traffic control on the turnpike system.--

28         (2)  Members of the Florida Highway Patrol are vested

29  with the power, and charged with the duty, to enforce the

30  rules of the department. Approved expenditures Expenses

31  incurred by the Florida Highway Patrol in carrying out its

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  1  powers and duties under ss. 338.22-338.241 may be treated as a

  2  part of the cost of the operation of the turnpike system, and

  3  the Department of Highway Safety and Motor Vehicles shall be

  4  reimbursed by the turnpike enterprise Department of

  5  Transportation for such expenses incurred on the turnpike

  6  system mainline, which is that part of the turnpike system

  7  extending from the southern terminus in Florida City to the

  8  northern terminus in Wildwood including all contiguous

  9  sections. Florida Highway Patrol Troop K shall be

10  headquartered with the turnpike enterprise and shall be the

11  official and preferred law enforcement troop for the turnpike

12  system. The department of Highway Safety and Motor Vehicles

13  may upon request of the executive director of the turnpike

14  enterprise and approval of the Legislature increase the number

15  of authorized positions for Troop K, or Troop K may contract

16  with other troops for additional trooper to patrol the

17  turnpike system.

18         Section 47.  Section 338.241, Florida Statutes, is

19  amended to read:

20         338.241  Cash reserve requirement.--The budget for the

21  turnpike system shall be so planned as to provide for a cash

22  reserve at the end of each fiscal year of not less than 5 10

23  percent of the unpaid balance of all turnpike system

24  contractual obligations, excluding bond obligations, to be

25  paid from revenues.

26         Section 48.  Section 338.251, Florida Statutes, is

27  amended to read:

28         338.251  Toll Facilities Revolving Trust Fund.--The

29  Toll Facilities Revolving Trust Fund is hereby created for the

30  purpose of encouraging the development and enhancing the

31  financial feasibility of revenue-producing road projects

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  1  undertaken by local governmental entities in a county or

  2  combination of contiguous counties and the turnpike

  3  enterprise.

  4         (1)  The department is authorized to advance funds for

  5  preliminary engineering, traffic and revenue studies,

  6  environmental impact studies, financial advisory services,

  7  engineering design, right-of-way map preparation, other

  8  appropriate project-related professional services, and

  9  advanced right-of-way acquisition to expressway authorities,

10  the turnpike enterprise, counties, or other local governmental

11  entities that desire to undertake revenue-producing road

12  projects.

13         (2)  No funds shall be advanced pursuant to this

14  section unless the following is documented to the department:

15         (a)  The proposed facility is consistent with the

16  adopted transportation plan of the appropriate metropolitan

17  planning organization and the Florida Transportation Plan.

18         (b)  A proposed 2-year budget detailing the use of the

19  cash advance and a project schedule consistent with the

20  budget.

21         (3)  Prior to receiving any moneys for advance

22  right-of-way acquisition, it shall be shown that such

23  right-of-way will substantially appreciate prior to

24  construction and that savings will result from its advance

25  purchase.  Any such request for moneys for advance

26  right-of-way acquisition shall be accompanied by a preliminary

27  engineering study, environmental impact study, traffic and

28  revenue study, and right-of-way maps along with either a

29  negotiated contract for purchase of the right-of-way, such

30  contract to include a clause stating that it is subject to

31  funding by the department or the Legislature, or an appraisal

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  1  of the subject property for purpose of condemnation

  2  proceedings.

  3         (4)  Each advance pursuant to this section shall

  4  require repayment out of the initial bond issue revenue or, at

  5  the discretion of the governmental entity or the turnpike

  6  enterprise of the facility, repayment shall begin no later

  7  than 7 years after the date of the advance, provided repayment

  8  shall be completed no later than 12 years after the date of

  9  the advance. However, such election shall be made at the time

10  of the initial bond issue, and, if repayment is to be made

11  during the time period referred to above, a schedule of such

12  repayment shall be submitted to the department.

13         (5)  No amount in excess of $1.5 million annually shall

14  be advanced to any one governmental entity or the turnpike

15  enterprise pursuant to this section without specific

16  appropriation by the Legislature.

17         (6)  Funds may not be advanced for funding final design

18  costs beyond 60 percent completion until an acceptable plan to

19  finance all project costs, including the reimbursement of

20  outstanding trust fund advances, is approved by the

21  department.

22         (7)  The department may advance funds sufficient to

23  defray shortages in toll revenues of facilities receiving

24  funds pursuant to this section for the first 5 years of

25  operation, up to a maximum of $5 million per year, to be

26  reimbursed to this fund within 5 years of the last advance

27  hereunder. Any advance under this provision shall require

28  specific appropriation by the Legislature.

29         (8)  No expressway authority, county, or other local

30  governmental entity or the turnpike enterprise shall be

31  eligible to receive any advance under this section if the

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  1  expressway authority, county, or other local governmental

  2  entity or the turnpike enterprise has failed to repay any

  3  previous advances as required by law or by agreement with the

  4  department.

  5         (9)  Repayment of funds advanced, including advances

  6  made prior to January 1, 1994, shall not include interest.

  7  However, interest accruing to local governmental entities and

  8  the turnpike enterprise from the investment of advances shall

  9  be paid to the department.

10         (10)  Any repayment of prior or future advances made

11  from the State Transportation Trust Fund which were used to

12  fund any project phase of a toll facility, shall be deposited

13  in the Toll Facilities Revolving Trust Fund. However, when

14  funds advanced to the Seminole County Expressway Authority

15  pursuant to this section are repaid to the Toll Facilities

16  Revolving Trust Fund by or on behalf of the Seminole County

17  Expressway Authority, those funds shall thereupon and

18  forthwith be appropriated for and advanced to the Seminole

19  County Expressway Authority for funding the design of and the

20  advanced right-of-way acquisition for that segment of the

21  Seminole County Expressway extending from U.S. Highway 17/92

22  to Interstate Highway 4. Notwithstanding subsection (6), when

23  funds previously advanced to the Orlando-Orange County

24  Expressway Authority are repaid to the Toll Facilities

25  Revolving Trust Fund by or on behalf of the Orlando-Orange

26  County Expressway Authority, those funds may thereupon and

27  forthwith be appropriated for and advanced to the Seminole

28  County Expressway Authority for funding that segment of the

29  Seminole County Expressway extending from U.S. Highway 17/92

30  to Interstate Highway 4. Any funds advanced to the

31  Tampa-Hillsborough County Expressway Authority pursuant to

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  1  this section which have been or will be repaid on or after

  2  July 1, 1998, to the Toll Facilities Revolving Trust Fund on

  3  behalf of the Tampa-Hillsborough County Expressway Authority

  4  shall thereupon and forthwith be appropriated for and advanced

  5  to the Tampa-Hillsborough County Expressway Authority for

  6  funding the design of and the advanced right-of-way

  7  acquisition for the Brandon area feeder roads, capital

  8  improvements to increase capacity to the expressway system,

  9  and Lee Roy Selmon Crosstown Expressway System Widening as

10  authorized under s. 348.565.

11         (11)  The department shall adopt rules necessary for

12  the implementation of this section, including rules for

13  project selection and funding.

14         Section 49.  Subsection (1) of section 553.80, Florida

15  Statutes, as amended by section 86 of chapter 2000-141, Laws

16  of Florida, is amended to read:

17         553.80  Enforcement.--

18         (1)  Except as provided in paragraphs (a)-(f) (a)-(e),

19  each local government and each legally constituted enforcement

20  district with statutory authority shall regulate building

21  construction and, where authorized in the state agency's

22  enabling legislation, each state agency shall enforce the

23  Florida Building Code required by this part on all public or

24  private buildings, structures, and facilities, unless such

25  responsibility has been delegated to another unit of

26  government pursuant to s. 553.79(9).

27         (a)  Construction regulations relating to correctional

28  facilities under the jurisdiction of the Department of

29  Corrections and the Department of Juvenile Justice are to be

30  enforced exclusively by those departments.

31

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  1         (b)  Construction regulations relating to elevator

  2  equipment under the jurisdiction of the Bureau of Elevators of

  3  the Department of Business and Professional Regulation shall

  4  be enforced exclusively by that department.

  5         (c)  In addition to the requirements of s. 553.79 and

  6  this section, facilities subject to the provisions of chapter

  7  395 and part II of chapter 400 shall have facility plans

  8  reviewed and construction surveyed by the state agency

  9  authorized to do so under the requirements of chapter 395 and

10  part II of chapter 400 and the certification requirements of

11  the Federal Government.

12         (d)  Building plans approved pursuant to s. 553.77(6)

13  and state-approved manufactured buildings, including buildings

14  manufactured and assembled offsite and not intended for

15  habitation, such as lawn storage buildings and storage sheds,

16  are exempt from local code enforcing agency plan reviews

17  except for provisions of the code relating to erection,

18  assembly, or construction at the site. Erection, assembly, and

19  construction at the site are subject to local permitting and

20  inspections.

21         (e)  Construction regulations governing public schools,

22  state universities, and community colleges shall be enforced

23  as provided in subsection (6).

24         (f)  Construction regulations relating to

25  transportation facilities under the jurisdiction of the

26  turnpike enterprise of the Department of Transportation shall

27  be enforced exclusively by the turnpike enterprise.

28

29  The governing bodies of local governments may provide a

30  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

31  and this section, for the enforcement of the provisions of

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  1  this part.  Such fees shall be used solely for carrying out

  2  the local government's responsibilities in enforcing the

  3  Florida Building Code. The authority of state enforcing

  4  agencies to set fees for enforcement shall be derived from

  5  authority existing on July 1, 1998. However, nothing contained

  6  in this subsection shall operate to limit such agencies from

  7  adjusting their fee schedule in conformance with existing

  8  authority.

  9         Section 50.  Subsections (1) and (2) of section 339.08,

10  Florida Statutes, are amended to read:

11         339.08  Use of moneys in State Transportation Trust

12  Fund.--

13         (1)  The department shall expend by rule provide for

14  the expenditure of the moneys in the State Transportation

15  Trust Fund accruing to the department, in accordance with its

16  annual budget.

17         (2)  The These rules must restrict the use of such

18  moneys is restricted to the following purposes:

19         (a)  To pay administrative expenses of the department,

20  including administrative expenses incurred by the several

21  state transportation districts, but excluding administrative

22  expenses of commuter rail authorities that do not operate rail

23  service.

24         (b)  To pay the cost of construction of the State

25  Highway System.

26         (c)  To pay the cost of maintaining the State Highway

27  System.

28         (d)  To pay the cost of public transportation projects

29  in accordance with chapter 341 and ss. 332.003-332.007.

30

31

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  1         (e)  To reimburse counties or municipalities for

  2  expenditures made on projects in the State Highway System as

  3  authorized by s. 339.12(4) upon legislative approval.

  4         (f)  To pay the cost of economic development

  5  transportation projects in accordance with s. 288.063.

  6         (g)  To lend or pay a portion of the operating,

  7  maintenance, and capital costs of a revenue-producing

  8  transportation project that is located on the State Highway

  9  System or that is demonstrated to relieve traffic congestion

10  on the State Highway System.

11         (h)  To match any federal-aid funds allocated for any

12  other transportation purpose, including funds allocated to

13  projects not located in the State Highway System.

14         (i)  To pay the cost of county road projects selected

15  in accordance with the Small County Road Assistance Program

16  created in s. 339.2816.

17         (j)  To pay the cost of county or municipal road

18  projects selected in accordance with the County Incentive

19  Grant Program created in s. 339.2817 and the Small County

20  Outreach Program created in s. 339.2818.

21         (k)  To provide loans and credit enhancements for use

22  in constructing and improving highway transportation

23  facilities selected in accordance with the state-funded

24  infrastructure bank created in s. 339.55.

25         (l)  To fund the Transportation Outreach Program

26  created in s. 339.137.

27         (m)  To pay other lawful expenditures of the

28  department.

29         Section 51.  Paragraph (c), subsection (4) and

30  subsection (5) of section 339.12, Florida Statutes, are

31  amended, present subsections (8) and (9) of that section are

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  1  redesignated as subsections (9) and (10), respectively, and a

  2  new subsection (8) is added to that section, to read:

  3         339.12  Aid and contributions by governmental entities

  4  for department projects; federal aid.--

  5         (4)

  6         (c)  The department may enter into agreements under

  7  this subsection for a project or project phase not included in

  8  the adopted work program. As used in this paragraph, the term

  9  "project phase" means acquisition of rights-of-way,

10  construction, construction inspection, and related support

11  phases. The project or project phase must be a high priority

12  of the governmental entity. Reimbursement for a project or

13  project phase must be made from funds appropriated by the

14  Legislature pursuant to s. 339.135(5). All other provisions of

15  this subsection apply to agreements entered into under this

16  paragraph. The total amount of project agreements for projects

17  or project phases not included in the adopted work program may

18  not at any time exceed $150 $100 million.

19         (5)  The department and the governing body of a

20  governmental entity may enter into an agreement by which the

21  governmental entity agrees to perform a highway project or

22  project phase in the department's adopted work program that is

23  not revenue producing or any public transportation project in

24  the adopted work program.  By specific provision in the

25  written agreement between the department and the governing

26  body of the governmental entity, the department may agree to

27  compensate reimburse the governmental entity the actual cost

28  of for the project or project phase contained in the adopted

29  work program. Compensation Reimbursement to the governmental

30  entity for such project or project phases must be made from

31  funds appropriated by the Legislature, and compensation

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  1  reimbursement for the cost of the project or project phase is

  2  to begin in the year the project or project phase is scheduled

  3  in the work program as of the date of the agreement.

  4         (8)  Effective January 1, 2004, any county having a

  5  population of 50,000 or more in which at least 15.5 percent of

  6  its total real property is removed from the ad valorem tax

  7  rolls due to state property tax exemptions and which dedicates

  8  50 percent of more of the proceeds from the county's 1-cent

  9  local option sales tax, over the life of the tax, for

10  improvements to the state transportation system or to local

11  projects that directly upgrade the state transportation system

12  within the county's boundaries shall receive funds for

13  maintenance from the Department of Transportation at a level

14  at least equal to the average of the amount of expenditures

15  for the previous 10 years for planning, design, right-of-way

16  acquisition, and construction for that county. The calculation

17  of such funding may not include the state and federal bridge

18  replacement program, the interstate highway program, seaports,

19  state economic development, toll capital improvements, federal

20  pass-through money for FTA, indirect overhead costs,

21  motor-carrier safety assistance, small-county resurfacing,

22  railroad hazard elimination, emergency funds, or toll

23  projects. The county must adopt a list of specific state road

24  projects to be paid for with the 1-cent local option sales tax

25  prior to the ballot referendum. The county shall enter into a

26  joint project agreement with the Department of Transportation

27  obligating the 50-percent or more portion of the tax proceeds,

28  over the life of the 1-cent local option sales tax, to the

29  department for improvements to the state transportation

30  system. The Department of Transportation shall enter into a

31  joint project agreement with the county over the life of the

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  1  sales tax, committing to a maintenance level of funding equal

  2  to the average of the expenditures for the previous 10 years

  3  for planning, design, right-of-way acquisition, and

  4  construction for that county. A county that receives funds

  5  from the department under this subsection shall distribute the

  6  funds in accordance with ss. 212.055(2)(c)2. and 218.62. It is

  7  not the intent of this subsection to provide a windfall to

  8  counties. The intent of this subsection is to hold harmless

  9  counties that are willing to fund millions of dollars for

10  state transportation improvements. If funds are appropriated

11  to the department for planning, design, right-of-way

12  acquisition, or construction in the 5-year work program for

13  state projects that are in addition to those included in the

14  joint project agreement, that amount shall be deducted from

15  the department's annual appropriation to the local government.

16         Section 52.  Paragraph (b) of subsection (4) and

17  paragraph (c) of subsection (7) of section 39.135, Florida

18  Statutes, are amended to read:

19         339.135  Work program; legislative budget request;

20  definitions; preparation, adoption, execution, and

21  amendment.--

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

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

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

25  prepared for the State Transportation Trust Fund and other

26  funds managed by the department, unless otherwise provided by

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

28  district work programs and shall set forth all projects by

29  phase to be undertaken during the ensuing fiscal year and

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

31  the liabilities accruing in each fiscal year of the tentative

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  1  work program may not exceed the revenues available for

  2  expenditure during the respective fiscal year based on the

  3  cash forecast for that respective fiscal year.

  4         2.  The tentative work program shall be developed in

  5  accordance with the Florida Transportation Plan required in s.

  6  339.155 and must comply with the program funding levels

  7  contained in the program and resource plan.

  8         3.  The department may include in the tentative work

  9  program proposed changes to the programs contained in the

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

11  however, the department shall minimize changes and adjustments

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

13  fiscal years contained in the previous adopted work program

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

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

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

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

18  specifically determines that it is necessary, for specific

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

20  that year.  Such changes and adjustments shall be clearly

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

22  contained in the previous adopted work program and the

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

24  the Legislature that the first 5 years of the adopted work

25  program for facilities designated as part of the Florida

26  Intrastate Highway System and the first 3 years of the adopted

27  work program stand as the commitment of the state to undertake

28  transportation projects that local governments may rely on for

29  planning purposes and in the development and amendment of the

30  capital improvements elements of their local government

31  comprehensive plans.

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  1         4.  The tentative work program must include a balanced

  2  36-month forecast of cash and expenditures and a 5-year

  3  finance plan supporting the tentative work program.

  4         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

  5         (c)  The department may amend the adopted work program

  6  to transfer appropriations within the department, except that

  7  the following amendments shall be subject to the procedures in

  8  paragraph (d):

  9         1.  Any amendment that which deletes any project or

10  project phase;

11         2.  Any amendment that which adds a project estimated

12  to cost over $500,000 $150,000 in funds appropriated by the

13  Legislature;

14         3.  Any amendment that which advances or defers to

15  another fiscal year, a right-of-way phase, a construction

16  phase, or a public transportation project phase estimated to

17  cost over $1 million $500,000 in funds appropriated by the

18  Legislature, except an amendment advancing or deferring a

19  phase for a period of 90 days or less; or

20         4.  Any amendment that which advances or defers to

21  another fiscal year, any preliminary engineering phase or

22  design phase estimated to cost over $500,000 $150,000 in funds

23  appropriated by the Legislature, except an amendment advancing

24  or deferring a phase for a period of 90 days or less.

25         Section 53.  Subsections (7), (9), and (10) of section

26  339.137, Florida Statutes, are amended to read:

27         339.137  Transportation Outreach Program (TOP)

28  supporting economic development; administration; definitions;

29  eligible projects; Transportation Outreach Program (TOP)

30  advisory council created; limitations; funding.--

31

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  1         (7)  The Transportation Outreach Program (TOP) advisory

  2  council is created to annually make recommendations to the

  3  Legislature on prioritization and selection of economic growth

  4  projects as provided in this section.

  5         (a)  The council shall consist of:

  6         (a)  The following seven members, each representing

  7  districts 1 through 7, who will serve for 2-year terms:

  8         1.  Members representing districts 1, 3, 5, and 7, who

  9  will be appointed by the Speaker of the House of

10  Representatives; and

11         2.  Members representing districts 2, 4, and 6, who

12  will be appointed by the President of the Senate.

13

14  The district appointments provided in this paragraph will

15  alternate between the Senate and the House of Representatives.

16         (b)  Four members, who will be appointed by the

17  Governor and will serve for 4-year terms.

18

19  Each council member will be allowed one vote.

20         1.  Two representatives of private interests who are

21  directly involved in or affected by any mode of transportation

22  or tourism chosen by the Speaker of the House of

23  Representatives.

24         2.  Two representatives of private interests who are

25  directly involved in or affected by any mode of transportation

26  or tourism chosen by the President of the Senate.

27         3.  Three representatives of private or governmental

28  interests who are directly involved in or affected by any mode

29  of transportation or tourism chosen by the Governor.

30         (b)  Terms for council members shall be 2 years, and

31  each member shall be allowed one vote.

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  1         (c)  Initial appointments must be made no later than 60

  2  days after this act takes effect. Vacancies in the council

  3  shall be filled in the same manner as the initial

  4  appointments.

  5         (d)  The council shall hold its initial meeting no

  6  later than 30 days after the members have been appointed in

  7  order to organize and select a chair and vice chair from the

  8  council membership. Meetings shall be held at the call of the

  9  chair, but not less frequently than quarterly.

10         (e)  The members of the council shall serve without

11  compensation, but shall be reimbursed for per diem and travel

12  expenses as provided in s. 112.061. The department shall

13  provide administrative staff support, travel and per diem

14  expenses for the council.

15         (9)  The council shall review and prioritize projects

16  submitted for funding under the program with priority given to

17  projects that which comply with the prevailing principles

18  provided in subsection (1), and shall recommend to the

19  Legislature a transportation outreach program. The council

20  must develop a comprehensive ranking system that includes a

21  scoring system, including, but not limited to, consideration

22  of the following: population, length of the project, and the

23  number of times the project has been applied for and unfunded.

24  Projects not funded in a fiscal year shall retain their

25  ranking and be considered in rank order the following year.

26  The department shall provide technical expertise and support

27  as requested by the council, and shall develop financial

28  plans, cash forecast plans, and program and resource plans

29  necessary to implement this program. These supporting

30  documents shall be submitted with the Transportation Outreach

31  Program.

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  1         (10)  Projects recommended for funding under the

  2  Transportation Outreach Program shall be submitted to the

  3  Governor and the Legislature as a separate section of the

  4  department's tentative work program.  Final approval of the

  5  Transportation Outreach Program shall be made by the

  6  Legislature through the General Appropriations Act. Program

  7  projects approved by the Legislature must be included in the

  8  department's adopted work program. No TOPS project may be

  9  considered by the House of Representatives or the Senate in

10  their respective budgets unless it has been through the

11  council's review process, even if the application was

12  rejected.

13         Section 54.  Paragraph (b) of subsection (5) of section

14  341.051, Florida Statutes, is repealed.

15         Section 55.  Subsection (10) of section 341.302,

16  Florida Statutes, is amended to read:

17         341.302  Rail program, duties and responsibilities of

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

19  governmental units and the private sector, shall develop and

20  implement a rail program of statewide application designed to

21  ensure the proper maintenance, safety, revitalization, and

22  expansion of the rail system to assure its continued and

23  increased availability to respond to statewide mobility needs.

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

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

26  shall:

27         (10)  Administer rail operating and construction

28  programs, which programs shall include the regulation of

29  maximum train operating speeds, the opening and closing of

30  public grade crossings, the construction and rehabilitation of

31  public grade crossings, and the installation of traffic

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  1  control devices at public grade crossings, the administering

  2  of the programs by the department including participation in

  3  the cost of the programs.

  4         Section 56.  Paragraph (d) of subsection (2) of section

  5  348.0003, Florida Statutes, is amended to read:

  6         348.0003  Expressway authority; formation;

  7  membership.--

  8         (2)

  9         (d)  Notwithstanding any provision to the contrary in

10  this subsection, in any county as defined in s. 125.011(1),

11  the governing body of an authority shall consist of up to 13

12  members, and the following provisions of this paragraph shall

13  apply specifically to such authority. Except for the district

14  secretary of the department, the members must be residents of

15  the county. Seven voting members shall be appointed by the

16  governing body of the county. At the discretion of the

17  governing body of the county, up to two of the members

18  appointed by the governing body of the county may be elected

19  officials residing in the county. Five voting members of the

20  authority shall be appointed by the Governor. One member shall

21  be the district secretary of the department serving in the

22  district that contains such county.  This member shall be an

23  ex officio voting member of the authority. If the governing

24  board of an authority includes any member originally appointed

25  by the governing body of the county as a nonvoting member,

26  when the term of such member expires, that member shall be

27  replaced by a member appointed by the Governor until the

28  governing body of the authority is composed of seven members

29  appointed by the governing body of the county and five members

30  appointed by the Governor. The qualifications, terms of

31  office, and obligations and rights of members of the authority

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  1  shall be determined by resolution or ordinance of the

  2  governing body of the county in a manner that is consistent

  3  with subsections (3) and (4).

  4         Section 57.  Subsections (1), (2), (3), (4), (5), (6),

  5  and (8) of section 373.4137, Florida Statutes, are amended,

  6  and subsection (9) is added to that section, to read:

  7         373.4137  Mitigation requirements.--

  8         (1)  The Legislature finds that environmental

  9  mitigation for the impact of transportation projects proposed

10  by the Department of Transportation, or a transportation

11  authority established pursuant to chapter 348 or chapter 349

12  can be more effectively achieved by regional, long-range

13  mitigation planning rather than on a project-by-project basis.

14  It is the intent of the Legislature that mitigation to offset

15  the adverse effects of these transportation projects be funded

16  by the Department of Transportation and be carried out by the

17  Department of Environmental Protection and the water

18  management districts, including the use of mitigation banks

19  established pursuant to this part.

20         (2)  Environmental impact inventories for

21  transportation projects proposed by the Department of

22  Transportation or a transportation authority established

23  pursuant to chapter 348 or chapter 349 shall be developed as

24  follows:

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

26  Transportation or a transportation authority established

27  pursuant to chapter 348 or chapter 349 shall submit to the

28  Department of Environmental Protection and the water

29  management districts a copy of its adopted work program and an

30  inventory of habitats addressed in the rules tentatively,

31  pursuant to this part and s. 404 of the Clean Water Act, 33

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  1  U.S.C. s. 1344, which may be impacted by its plan of

  2  construction for transportation projects in the next 3 years

  3  of the tentative work program. The Department of

  4  Transportation or a transportation authority established

  5  pursuant to chapter 348 or chapter 349 may also include in its

  6  inventory the habitat impacts of any future transportation

  7  project identified in the tentative work program.

  8         (b)  The environmental impact inventory shall include a

  9  description of these habitat impacts, including their

10  location, acreage, and type; state water quality

11  classification of impacted wetlands and other surface waters;

12  any other state or regional designations for these habitats;

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

14  species of special concern affected by the proposed project.

15         (3)(a)  To fund the mitigation plan for the projected

16  impacts identified in the inventory described in subsection

17  (2), the Department of Transportation shall identify funds

18  quarterly in an escrow account within the State Transportation

19  Trust Fund for the environmental mitigation phase of projects

20  budgeted by the Department of Transportation for the current

21  fiscal year. The escrow account will be maintained by the

22  Department of Transportation for the benefit of the Department

23  of Environmental Protection and the water management

24  districts.  Any interest earnings from the escrow account

25  shall remain with the Department of Transportation.

26         (b)  Each transportation authority established under

27  chapter 348 or chapter 349 that chooses to participate in this

28  program shall create an escrow account within its financial

29  structure and deposit funds in it to pay for the environmental

30  mitigation phase of projects budgeted for the current fiscal

31  year. The escrow account will be maintained by the authority

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  1  for the benefit of the Department of Environmental Protection

  2  and the water management districts. Any interest earnings from

  3  the escrow account shall remain with the authority.

  4         (c)  The Department of Environmental Protection or

  5  water management districts may request a transfer of funds

  6  from an the escrow account no sooner than 30 days prior to the

  7  date the funds are needed to pay for activities associated

  8  with development or implementation of the approved mitigation

  9  plan described in subsection (4) for the current fiscal year,

10  including, but not limited to, design, engineering,

11  production, and staff support. Actual conceptual plan

12  preparation costs incurred before plan approval may be

13  submitted to the Department of Transportation, or the

14  appropriate transportation authority, and the Department of

15  Environmental Protection by November 1 of each year with the

16  plan. The conceptual plan preparation costs of each water

17  management district will be paid based on the amount approved

18  on the mitigation plan and allocated to the current fiscal

19  year projects identified by the water management district.

20  The amount transferred to the escrow accounts account each

21  year by the Department of Transportation and participating

22  transportation authorities established pursuant to chapter 348

23  or chapter 349 shall correspond to a cost per acre of $75,000

24  multiplied by the projected acres of impact identified in the

25  inventory described in subsection (2). However, the $75,000

26  cost per acre does not constitute an admission against

27  interest by the state or its subdivisions nor is the cost

28  admissible as evidence of full compensation for any property

29  acquired by eminent domain or through inverse condemnation.

30  Each July 1, the cost per acre shall be adjusted by the

31  percentage change in the average of the Consumer Price Index

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  1  issued by the United States Department of Labor for the most

  2  recent 12-month period ending September 30, compared to the

  3  base year average, which is the average for the 12-month

  4  period ending September 30, 1996.  At the end of each year,

  5  the projected acreage of impact shall be reconciled with the

  6  acreage of impact of projects as permitted, including permit

  7  modifications, pursuant to this part and s. 404 of the Clean

  8  Water Act, 33 U.S.C. s. 1344. The subject year's transfer of

  9  funds shall be adjusted accordingly to reflect the

10  overtransfer or undertransfer of funds from the preceding

11  year. The Department of Transportation and participating

12  transportation authorities established pursuant to chapter 348

13  or chapter 349 are is authorized to transfer such funds from

14  the escrow account to the Department of Environmental

15  Protection and the water management districts to carry out the

16  mitigation programs.

17         (4)  Prior to December 1 of each year, each water

18  management district, in consultation with the Department of

19  Environmental Protection, the United States Army Corps of

20  Engineers, the Department of Transportation, transportation

21  authorities established pursuant to chapter 348 or chapter

22  349, and other appropriate federal, state, and local

23  governments, and other interested parties, including entities

24  operating mitigation banks, shall develop a plan for the

25  primary purpose of complying with the mitigation requirements

26  adopted pursuant to this part and 33 U.S.C. s. 1344.  This

27  plan shall also address significant invasive plant problems

28  within wetlands and other surface waters. In developing such

29  plans, the districts shall utilize sound ecosystem management

30  practices to address significant water resource needs and

31  shall focus on activities of the Department of Environmental

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  1  Protection and the water management districts, such as surface

  2  water improvement and management (SWIM) waterbodies and lands

  3  identified for potential acquisition for preservation,

  4  restoration, and enhancement, to the extent that such

  5  activities comply with the mitigation requirements adopted

  6  under this part and 33 U.S.C. s. 1344.  In determining the

  7  activities to be included in such plans, the districts shall

  8  also consider the purchase of credits from public or private

  9  mitigation banks permitted under s. 373.4136 and associated

10  federal authorization and shall include such purchase as a

11  part of the mitigation plan when such purchase would offset

12  the impact of the transportation project, provide equal

13  benefits to the water resources than other mitigation options

14  being considered, and provide the most cost-effective

15  mitigation option.  The mitigation plan shall be preliminarily

16  approved by the water management district governing board and

17  shall be submitted to the secretary of the Department of

18  Environmental Protection for review and final approval. The

19  preliminary approval by the water management district

20  governing board does not constitute a decision that affects

21  substantial interests as provided by s. 120.569. At least 30

22  days prior to preliminary approval, the water management

23  district shall provide a copy of the draft mitigation plan to

24  any person who has requested a copy.

25         (a)  For each transportation project with a funding

26  request for the next fiscal year, the mitigation plan must

27  include a brief explanation of why a mitigation bank was or

28  was not chosen as a mitigation option, including an estimation

29  of identifiable costs of the mitigation bank and nonbank

30  options to the extent practicable.

31

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  1         (b)  Specific projects may be excluded from the

  2  mitigation plan and shall not be subject to this section upon

  3  the agreement of the Department of Transportation, a

  4  transportation authority, if applicable, the Department of

  5  Environmental Protection, and the appropriate water management

  6  district that the inclusion of such projects would hamper the

  7  efficiency or timeliness of the mitigation planning and

  8  permitting process, or the Department of Environmental

  9  Protection and the water management district are unable to

10  identify mitigation that would offset the impacts of the

11  project.

12         (c)  Surface water improvement and management or

13  invasive plant control projects undertaken using the $12

14  million advance transferred from the Department of

15  Transportation to the Department of Environmental Protection

16  in fiscal year 1996-1997 which meet the requirements for

17  mitigation under this part and 33 U.S.C. s. 1344 shall remain

18  available for mitigation until the $12 million is fully

19  credited up to and including fiscal year 2004-2005. When these

20  projects are used as mitigation, the $12 million advance shall

21  be reduced by $75,000 per acre of impact mitigated. For any

22  fiscal year through and including fiscal year 2004-2005, to

23  the extent the cost of developing and implementing the

24  mitigation plans is less than the amount transferred pursuant

25  to subsection (3), the difference shall be credited towards

26  the $12 million advance. Except as provided in this paragraph,

27  any funds not directed to implement the mitigation plan

28  should, to the greatest extent possible, be directed to fund

29  invasive plant control within wetlands and other surface

30  waters.

31

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  1         (5)  The water management district shall be responsible

  2  for ensuring that mitigation requirements pursuant to 33

  3  U.S.C. s. 1344 are met for the impacts identified in the

  4  inventory described in subsection (2), by implementation of

  5  the approved plan described in subsection (4) to the extent

  6  funding is provided by the Department of Transportation or a

  7  transportation authority established pursuant to chapter 348

  8  or chapter 349, if applicable.  During the federal permitting

  9  process, the water management district may deviate from the

10  approved mitigation plan in order to comply with federal

11  permitting requirements.

12         (6)  The mitigation plans plan shall be updated

13  annually to reflect the most current Department of

14  Transportation work program and project list of a

15  transportation authority established pursuant to chapter 348

16  or chapter 349, if applicable, and may be amended throughout

17  the year to anticipate schedule changes or additional projects

18  which may arise.  Each update and amendment of the mitigation

19  plan shall be submitted to the secretary of the Department of

20  Environmental Protection for approval. However, such approval

21  shall not be applicable to a deviation as described in

22  subsection (5).

23         (8)  This section shall not be construed to eliminate

24  the need for the Department of Transportation or a

25  transportation authority established pursuant to chapter 348

26  or chapter 349 to comply with the requirement to implement

27  practicable design modifications, including realignment of

28  transportation projects, to reduce or eliminate the impacts of

29  its transportation projects on wetlands and other surface

30  waters as required by rules adopted pursuant to this part, or

31  to diminish the authority under this part to regulate other

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  1  impacts, including water quantity or water quality impacts, or

  2  impacts regulated under this part that are not identified in

  3  the inventory described in subsection (2).

  4         (9)  The process for environmental mitigation for the

  5  impact of transportation projects under this section shall be

  6  available to an expressway, bridge, or transportation

  7  authority established under chapters 348 and 349. Use of this

  8  process may be initiated by an authority depositing the

  9  requisite funds into an escrow account set up by the authority

10  and filing an environmental impact inventory with the

11  appropriate water management district. An authority that

12  initiates the environmental mitigation process established by

13  the section shall comply with subsection (6) by timely

14  providing the appropriate water management district and the

15  Department of Environmental Protection with the requisite work

16  program information. A water management district may draw down

17  funds from the escrow account in the manner and on the bases

18  provided in subsection (5).

19         Section 58.  Section 348.0012, Florida Statutes, is

20  amended to read:

21         348.0012  Exemptions from applicability.--The Florida

22  Expressway Authority Act does not apply:

23         (1)  To In a county in which an expressway authority

24  that has been created pursuant to parts II-IX of this chapter;

25  or

26         (2)  To a transportation authority created pursuant to

27  chapter 349.

28         Section 59.  Section 348.7543, Florida Statutes, is

29  amended to read:

30         348.7543  Improvements, bond financing authority

31  for.--Pursuant to s. 11(e), Art. VII of the State

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  1  Constitution, the Legislature hereby approves for bond

  2  financing by the Orlando-Orange County Expressway Authority

  3  the cost of acquiring, constructing, equipping, improving, or

  4  refurbishing any expressway system, including improvements to

  5  toll collection facilities, interchanges future extensions and

  6  additions, necessary approaches, roads, bridges and avenues of

  7  access to the legislatively approved expressway system, and

  8  any other facility appurtenant, necessary, or incidental to

  9  the approved system as deemed desirable and proper by the

10  authority under s. 348.754(1)(b).  Subject to terms and

11  conditions of applicable revenue bond resolutions and

12  covenants, such costs financing may be finances in whole or in

13  part by revenue bonds issued under s. 348.755(1)(a) or (b)

14  whether currently issued, issued in the future, or by a

15  combination of such bonds.

16         Section 60.  Section 348.7544, Florida Statutes, is

17  amended to read:

18         348.7544  Northwest Beltway Part A, construction

19  authorized; financing.--Notwithstanding s. 338.2275, the

20  Orlando-Orange County Expressway Authority is hereby

21  authorized to construct, finance, operate, own, and maintain

22  that portion of the Western Beltway known as the Northwest

23  Beltway Part A, extending from Florida's Turnpike near Ocoee

24  north to U.S. 441 near Apopka, as part of the authority's

25  20-year capital projects plan. This project may be financed

26  with any funds available to the authority for such purpose or

27  revenue bonds issued by the Division of Bond Finance of the

28  State Board of Administration on behalf of the authority

29  pursuant to s. 11, Art. VII of the State Constitution and the

30  State Bond Act, ss. 215.57-215.83. This project may be

31

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  1  refinanced with bonds issued by the authority under s.

  2  348.755(1)(d).

  3         Section 61.  Section 348.7545, Florida Statutes, is

  4  amended to read:

  5         348.7545  Western Beltway Part C, construction

  6  authorized; financing.--Notwithstanding s. 338.2275, the

  7  Orlando-Orange County Expressway Authority is authorized to

  8  exercise its condemnation powers, construct, finance, operate,

  9  own, and maintain that portion of the Western Beltway known as

10  the Western Beltway Part C, extending from Florida's Turnpike

11  near Ocoee in Orange County southerly through Orange and

12  Osceola Counties to an interchange with I-4 near the

13  Osceola-Polk County line, as part of the authority's 20-year

14  capital projects plan. This project may be financed with any

15  funds available to the authority for such purpose or revenue

16  bonds issued by the Division of Bond Finance of the State

17  Board of Administration on behalf of the authority pursuant to

18  s. 11, Art. VII of the State Constitution and the State Bond

19  Act, ss. 215.57-215.83. This project may be refinanced with

20  bonds issued under s. 348.755(1)(d).

21         Section 62.  Subsection (1) of section 348.755, Florida

22  Statutes, is amended to read:

23         348.755  Bonds of the authority.--

24         (1)(a)  Bonds may be issued on behalf of the authority

25  under the State Bond Act. The bonds of the authority issued

26  pursuant to the provisions of this part,

27         (b)  Alternatively, the authority may issue its own

28  bonds under the provisions of this part at such times and in

29  principle amount as, in the opinion of the authority, is

30  necessary to provide sufficient moneys for achieving its

31

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  1  purpose; however, such bonds shall not pledge the full faith

  2  and credit of the state.

  3         (c)  Bonds issued by the authority under paragraph (a)

  4  and paragraph (b), whether on original issuance or on

  5  refunding, shall be authorized by resolution of the members

  6  thereof and may be either term or serial bonds, shall bear

  7  such date or dates, mature at such time or times, not

  8  exceeding 40 years from their respective dates, bear interest

  9  at such rate or rates, payable semiannually, be in such

10  denominations, be in such form, either coupon or fully

11  registered, shall carry such registration, exchangeability and

12  interchangeability privileges, be payable in such medium of

13  payment and at such place or places, be subject to such terms

14  of redemption and be entitled to such priorities on the

15  revenues, rates, fees, rentals or other charges or receipts of

16  the authority including the Orange County gasoline tax funds

17  received by the authority pursuant to the terms of any

18  lease-purchase agreement between the authority and the

19  department, as such resolution or any resolution subsequent

20  thereto may provide.  The bonds shall be executed either by

21  manual or facsimile signature by such officers as the

22  authority shall determine, provided that such bonds shall bear

23  at least one signature which is manually executed thereon, and

24  the coupons attached to such bonds shall bear the facsimile

25  signature or signatures of such officer or officers as shall

26  be designated by the authority and shall have the seal of the

27  authority affixed, imprinted, reproduced or lithographed

28  thereon, all as may be prescribed in such resolution or

29  resolutions.

30         (d)(b)  Bonds issued under paragraph (a) or paragraph

31  (b) Said bonds shall be sold at public sale in the manner

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  1  provided by the State Bond Act.  However, if the authority

  2  shall, by official action at a public meeting, determine that

  3  a negotiated sale of such the bonds is in the best interest of

  4  the authority, the authority may negotiate the for sale of

  5  such the bonds with the underwriter or underwriters designated

  6  by the authority and the Division of Bond Finance of the State

  7  Board of Administration with respect to bonds issued under

  8  paragraph (a) or the authority with respect to bonds issued

  9  under paragraph (b). The authority's  determination to

10  negotiate the sale of such bonds may be based, in part, upon

11  the written advice of its financial advisor. Pending the

12  preparation of definitive bonds, interim certificates may be

13  issued to the purchaser or purchasers of such bonds and may

14  contain such terms and conditions as the authority may

15  determine.

16         (e)  The authority may issue bonds under paragraph (b)

17  to refund any bonds previously issued regardless of whether

18  the bonds being refunded were issued by the authority under

19  this chapter or on behalf of the authority under the State

20  Bond Act.

21         Section 63.  Subsection (2) of section 348.765, Florida

22  Statutes, is amended to read:

23         348.765  This part complete and additional authority.--

24         (2)  This part shall not be deemed to repeal, rescind,

25  or modify any other law or laws relating to said State Board

26  of Administration, said Department of Transportation, or the

27  Division of Bond Finance of the State Board of Administration,

28  but shall be deemed to and shall supersede such other law or

29  laws as are inconsistent with the provisions of this part,

30  including, but not limited to, s. 215.821.

31

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  1         Section 64.  Subsection (13) is added to section

  2  475.011, Florida Statutes, to read:

  3         475.011  Exemptions.--This part does not apply to:

  4         (13)  Any firm that is under contract with a state or

  5  local governmental entity to provide right-of-way acquisition

  6  services for property subject to condemnation, or any employee

  7  of such a firm, if the compensation for such services is not

  8  based upon the value of the property acquired.

  9         Section 65.  Subsection (2) of section 479.15, Florida

10  Statutes, is amended to read:

11         479.15  Harmony of regulations.--

12         (2)  A municipality, county, local zoning authority, or

13  other local governmental entity may not remove, or cause to be

14  removed, any lawfully erected sign along any portion of the

15  interstate or federal-aid primary highway system without first

16  paying just compensation for such removal. A local

17  governmental entity may not cause in any way the alteration of

18  any lawfully erected sign located along any portion of the

19  interstate or federal-aid primary highway system without

20  payment of just compensation if such alteration constitutes a

21  taking under state law. The municipality, county, local zoning

22  authority, or other local government entity promulgating

23  requirements for such alteration must be responsible for

24  payment of just compensation to the sign owner if such

25  alteration constitutes a taking under state law. This

26  subsection applies only to a lawfully erected sign the subject

27  matter of which relates to premises other than the premises on

28  which it is located or to merchandise, services, activities,

29  or entertainment not sold, produced, manufactured, or

30  furnished on the premises on which the sign is located. For

31  the purposes of this subsection, the term "federal-aid primary

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  1  highway system" means the federal-aid primary highway system

  2  in existence on June 1, 1991, and any highway that was not on

  3  such system but that is, or later becomes, a part of the

  4  National Highway System. This subsection shall not be

  5  interpreted as explicit or implicit legislative recognition

  6  that alterations do or do not constitute a taking under state

  7  law.

  8         Section 66.  Section 479.25, Florida Statutes, is

  9  created to read:

10         479.25  Application of chapter.--Nothing in this

11  chapter shall prevent a governmental entity from entering into

12  an agreement allowing the height above ground level of a

13  lawfully erected sign to be increased at its permitted

14  location if a noise attenuation barrier, visibility screen, or

15  other highway improvement has been erected in such a way as to

16  screen or block visibility of such a sign; however, for

17  nonconforming signs located on the federal-aid primary highway

18  system, as such system existed on June 1, 1991, and on any

19  highway that was not on such system but that is, or later

20  becomes, a part of the National Highway System, such agreement

21  must be approved by the Federal Highway Administration. Any

22  increase in height permitted under this section shall only be

23  that which is required to achieve the same degree of

24  visibility from the right-of-way that the sign had prior to

25  the construction of the noise attenuation barrier, visibility

26  screen, or other highway improvement.

27         Section 67.  Section 70.20, Florida Statutes, is

28  created to read:

29         70.20  Balancing of interests.--It is a policy of this

30  state to encourage municipalities, counties, and other

31  governmental entities and sign owners to enter into relocation

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  1  and reconstruction agreements that allow governmental entities

  2  to undertake public projects and accomplish public goals

  3  without the expenditure of public funds, while allowing the

  4  continued maintenance of private investment in signage as a

  5  medium of commercial and noncommercial communication.

  6         (1)  Municipalities, counties, and all other

  7  governmental entities are specifically empowered to enter into

  8  relocation and reconstruction agreements on whatever terms are

  9  agreeable to the sign owner and the municipality, county, or

10  other governmental entity involved and to provide for

11  relocation and reconstruction of signs by agreement,

12  ordinance, or resolution. As used in this section, the term

13  "relocation and reconstruction agreement" means a consensual,

14  contractual agreement between a sign owner and municipality,

15  county, or other governmental entity for either the

16  reconstruction of an existing sign or removal of a sign and

17  the construction of a new sign to substitute for the sign

18  removed.

19         (2)  Except as otherwise provided in this section, no

20  municipality, county, or other governmental entity may remove,

21  or cause to be removed, any lawfully erected sign along any

22  portion of the interstate, federal-aid primary or other

23  highway system, or any other road, without first paying just

24  compensation for such removal as determined by agreement

25  between the parties or through eminent domain proceedings.

26  Except as otherwise provided in this section, no municipality,

27  county, or other governmental entity may cause in any way the

28  alteration of any lawfully erected sign located along any

29  portion of the interstate, federal-aid primary or other

30  highway system, or any other road, without first paying just

31  compensation for such alteration as determined by agreement

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  1  between the parties or through eminent domain proceedings. The

  2  provisions of this act shall not apply to any ordinance if the

  3  owner has, by written agreement, waived all right to challenge

  4  the validity, constitutionality, and enforceability of the

  5  ordinance.

  6         (3)  If a municipality, county, or other governmental

  7  entity undertakes a public project or public goal requiring

  8  alteration or removal of any lawfully erected sign, the

  9  municipality, county, or other governmental entity shall

10  notify the owner of the affected sign in writing of the public

11  project or goal and of the intention of the municipality,

12  county, or other governmental entity to seek such alteration

13  or removal. Within 30 days after receipt of the notice, the

14  owner of the sign and the municipality, county, or other

15  governmental entity shall attempt to meet for purposes of

16  negotiating and executing a relocation and reconstruction

17  agreement provided for in subsection (1).

18         (4)  If the parties fail to enter into a relocation and

19  reconstruction agreement within 120 days after the initial

20  notification by the municipality, county, or other

21  governmental entity, either party may request mandatory

22  nonbinding arbitration to resolve the disagreements among the

23  parties. Each party shall select an arbitrator, and the

24  individuals so selected shall choose a third arbitrator. The

25  three arbitrators shall constitute the panel that shall

26  arbitrate the dispute between the parties and at the

27  conclusion of the proceedings shall present to the parties a

28  proposed relocation and reconstruction agreement that the

29  panel believes equitably balances the rights, interests,

30  obligations, and reasonable expectations of the parties. If

31  the municipality, county, or other governmental entity and the

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  1  sign owner accept the proposed relocation and reconstruction

  2  agreement, the municipality, county, or other governmental

  3  entity and sign owner shall each pay its respective costs of

  4  arbitration and shall pay one-half of the costs of the

  5  arbitration panel, unless the parties otherwise agree.

  6         (5)  If the parties do not enter into a relocation and

  7  reconstruction agreement, the municipality, county, or other

  8  governmental entity may proceed with the public project or

  9  purpose and the alteration or removal of the sign only after

10  first paying just compensation for such alteration or removal

11  as determined by agreement between the parties or through

12  eminent domain proceedings.

13         (6)  The requirement by a municipality, county, or

14  other governmental entity that a lawfully erected sign be

15  removed or altered as a condition precedent to the issuance or

16  continued effectiveness of a development order constitutes a

17  compelled removal that is prohibited without prior payment of

18  just compensation under subsection (2). This subsection does

19  not apply when the owner of the land on which the sign is

20  located is seeking to have the property redesignated on the

21  future land use map of the applicable comprehensive plan for

22  exclusively single-family residential use.

23         (7)  The requirement by a municipality, county, or

24  other governmental entity that a lawfully erected sign be

25  altered or removed from the premises upon which it is located

26  incident to the voluntary acquisition of such property by a

27  municipality, county, or other governmental entity constitutes

28  a compelled removal that is prohibited without payment of just

29  compensation under subsection (2).

30         (8)  Nothing in this section shall prevent a

31  municipality, county, or other governmental entity from

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  1  acquiring a lawfully erected sign through eminent domain or

  2  from prospectively regulating the placement, size, height, or

  3  other aspects of new signs within such entity's jurisdiction,

  4  including the prohibition of new signs, unless otherwise

  5  authorized pursuant to this section. Nothing in this section

  6  shall impair any ordinance or provision of any ordinance not

  7  inconsistent with this section, nor shall this section create

  8  any new rights for any party other than the owner of a sign,

  9  the owner of the land upon which it is located, or a

10  municipality, county, or other governmental entity as

11  expressed in this section.

12         (9)  This section applies only to a lawfully erected

13  sign the subject matter of which relates to premises other

14  than the premises on which it is located or to merchandise,

15  services, activities, or entertainment not sold, produced,

16  manufactured, or furnished on the premises on which the sign

17  is located.

18         (10)  This section does not apply to any actions taken

19  by the Department of Transportation which relate to the

20  operation, maintenance, or expansion of transportation

21  facilities, and this section does not affect existing law

22  regarding eminent domain relating to the Department of

23  Transportation.

24         (11)  Nothing in this act shall impair or affect any

25  written agreement existing prior to the effective date of this

26  legislation, including but not limited to any settlement

27  agreements reliant upon the legality or enforceability of

28  local ordinances. The provisions of this act shall not apply

29  to any dispute between a municipality or county and a sign

30  owner where the amortization period has expired and judicial

31  proceedings were commenced on or before May 1, 1997, to

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  1  determine the rights, interests, obligations and reasonable

  2  expectations of the parties to the dispute, nor shall the

  3  provisions of this act apply to any signs that are required to

  4  be removed by a date certain in areas designated by local

  5  ordinance as "view corridors" if the local ordinance creating

  6  the "view corridors" was enacted in part to effectuate a

  7  consensual agreement between the local government and two or

  8  more sign owners prior to the effective date of this act.

  9         (12)  The provisions of this act shall not apply until

10  July 1, 2002, to any dispute between a municipality or county

11  and a sign owner where the amortization period has expired and

12  judicial proceedings are pending and the dispute is not

13  otherwise exempt by subsection (11). Effective upon this act

14  becoming a law, the Office of Program Policy Analysis and

15  Governmental Accountability, in consultation with the

16  Legislative Committee on Intergovernmental Relations, shall

17  conduct a study on the valuation of offsite signs, and develop

18  a methodology of providing just compensation, through cash

19  payment or any other constitutional method, for the removal or

20  alteration of offsite signs. OPPAGA shall complete the study

21  by December 31, 2001, and shall report the results of the

22  study to the Legislature.

23         Section 68.  Paragraph (b) of subsection (1) of section

24  496.425, Florida Statutes, is amended to read:

25         496.425  Solicitation of funds within public

26  transportation facilities.--

27         (b)  "Facility" means any public transportation

28  facility, including, but not limited to, railroad stations,

29  bus stations, ship ports, ferry terminals, or roadside welcome

30  stations, highway service plazas, airports served by scheduled

31  passenger service, or highway rest stations.

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  1         Section 69.  Section 496.4256, Florida Statutes, is

  2  created to read:

  3         496.4256  Public transportation facilities not required

  4  to grant permit or access.--A governmental entity or authority

  5  that owns or operates welcome centers, wayside parks, service

  6  plazas, or rest areas on the State Highway System as defined

  7  in chapter 335 may not be required to issue a permit or to

  8  grant any person access to such public transportation

  9  facilities for the purpose of soliciting funds.

10         Section 70.  This act shall take effect upon becoming a

11  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2056

  3

  4  The CS:

  5  Deletes unnecessary instructions on the Secretary's
    responsibilities and to whom the Secretary may delegate, the
  6  tasks assigned to other DOT officers and supervisors, and
    obsolete references in general.
  7
    Provides transportation facilities designated as part of the
  8  Florida Intrastate Highway System needed to serve new
    development must be in place or under actual construction no
  9  more than 5 years after issuance by the local government of a
    certificate of occupancy or its functional equivalent.
10
    Removes the exemption for Community Improvement Authorities
11  from s. 287.055, F.S.,(the Competitive Negotiation Act) for
    professional architectural, engineering, landscape
12  architectural, or land surveying services, or for the
    procurement of design-build contracts.
13
    Raises the threshold amounts for a "continuing contract" for
14  projects in which construction costs do not exceed $1 million
    (from $500,000), for study activity when the fee for such
15  professional service does not exceed $50,000 (from $25,000.)

16  Provides all moneys derived from the Florida Seaport
    Transportation and Economic Development Program must be
17  expended in accordance with s. 287.057 (providing regulations
    for the procurement of commodities or contractual services),
18  and 287.055 (the "Consultants' Competitive Negotiation Act").
    Further the exemption for seaports subject to competitive
19  negotiation requirements of a local governing body is
    repealed.
20
    Authorizes seaports to expend funds for promotional activities
21  such as meals, hospitality, and entertainment of persons in
    the interest of promoting and engendering goodwill Includes
22  off-airport noise mitigation projects in the definition of an
    "airport or aviation development project" or "development
23  project."

24  Provides an exemption from the Development of Regional Impact
    for airports or airport-related or aviation-related
25  development, and petroleum storage facility.

26  Establishes within the FDOT the Safe Paths to Schools Program
    to consider the planning and construction of bicycle and
27  pedestrian way to provide safe transportation for children
    from neighborhoods to schools, to parks, and to the state's
28  greenway and trails system. toward its port facilities.

29  Provides for public-private transportation facilities.

30  Provides the turnpike will no longer be the eighth FDOT
    district, lead by a district secretary, but will be the
31  turnpike enterprise, lead by an executive director. The
    section is amended to provide the responsibility for the
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  1  turnpike system will be delegated by the FDOT secretary to the
    executive director of the turnpike enterprise. The Secretary
  2  is authorized to exempt the turnpike enterprise from FDOT
    rules and authorize the turnpike enterprise to employ
  3  procurement methods available to the private sector. Redefines
    economic feasibility for turnpike project as well as other
  4  streamlining provisions.

  5  Provides, effective January 1, 2004, any county with a
    population of 50,000 or more that dedicates at least 50
  6  percent or more of the proceeds from the county's one-cent
    local option sales tax to improvements to the state
  7  transportation system, or to local projects that directly
    upgrade the state transportation system will receive funds
  8  from FDOT which average the amount received from the FDOT over
    the previous ten-year period.
  9
    Increases the total amount project agreements may not exceed
10  from $100 million to $150 million for local contributions to
    projects outside of the work program.
11
    Increases the total amount project agreements may not exceed
12  from $100 million to $150 million for local contributions to
    projects outside of the work program.
13
    Provides the first 5 years of the adopted work program for
14  facilities designated as part of the Florida Intrastate
    Highway System is a commitment of the state.
15
    Revises the Transportation Outreach Program advisory council
16  membership, and requires the council to develop a
    comprehensive ranking and scoring system for project