SENATE AMENDMENT
    Bill No. CS/HB 1839, 1st Eng.
    Amendment No. ___   Barcode 343772
                            CHAMBER ACTION
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11  Senator Sebesta moved the following amendment to amendment
12  (323378):
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14         Senate Amendment (with title amendment) 
15         On page 1, between lines 16 and 17,
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17  insert:  
18         Section 1.  Subsection (3) is added to section 316.061,
19  Florida Statutes, to read:
20         316.061  Crashes involving damage to vehicle or
21  property.--
22         (3)  Employees or authorized agents of the Department
23  of Transportation, law enforcement departments having proper
24  jurisdiction, and expressway authorities created pursuant to
25  chapter 348, in the exercise, management, control, and
26  maintenance of its highway system, may remove from the main
27  traveled roadways on its highway system all vehicles
28  incapacitated as a result of a motor vehicle crash and of
29  debris caused thereby when the crash results only in damage to
30  a vehicle or other property and the removal can be
31  accomplished safely and will result in the improved safety or
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    5:34 PM   03/21/02                               h1839.tr20.5a

SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 convenience of travel upon the road. The driver or any other 2 person who has removed a motor vehicle from the main traveled 3 roadway, as provided in this section, is not liable or at 4 fault regarding the cause of the accident solely by reason of 5 moving the vehicle. 6 Section 2. Paragraph (f) is added to subsection (3) of 7 section 318.18, Florida Statutes, to read: 8 318.18 Amount of civil penalties.--The penalties 9 required for a noncriminal disposition pursuant to s. 318.14 10 are as follows: 11 (3) 12 (f) A person cited for exceeding the speed limit 13 within a zone posted for any electronic or manual 14 toll-collection facility will be assessed a fine double the 15 amount listed in paragraph (b). 16 Section 3. Section 348.565, Florida Statutes, is 17 amended to read: 18 348.565 Revenue bonds for specified projects.--The 19 existing facilities that constitute the Tampa-Hillsborough 20 County Expressway System are hereby approved to be refinanced 21 by the issuance of revenue bonds by the Division of Bond 22 Finance of the State Board of Administration pursuant to s. 23 11(f), Art. VII of the State Constitution. In addition, the 24 following projects of the Tampa-Hillsborough County Expressway 25 Authority are approved to be financed or refinanced by the 26 issuance of revenue bonds pursuant to s. 11(f), Art. VII of 27 the State Constitution: 28 (1) Brandon area feeder roads; 29 (2) Capital improvements to the expressway system, 30 including safety and operational improvements and toll 31 collection equipment; and 2 5:34 PM 03/21/02 h1839.tr20.5a
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 (3) Lee Roy Selmon Crosstown Expressway System 2 widening; and. 3 (4) The connector highway linking the Lee Roy Selmon 4 Crosstown Expressway to Interstate 4. 5 Section 4. Section 348.545, Florida Statutes, is 6 created to read: 7 348.545 Bond financing authority for 8 improvements.--Pursuant to s. 11(f), Art. VII of the State 9 Constitution the Legislature approves bond financing for 10 improvements by the Tampa-Hillsborough County Expressway 11 Authority to toll collection facilities, interchanges to the 12 legislatively approved expressway system, and any other 13 facility appurtenant, necessary, or incidental to the approved 14 system. Subject to terms and conditions of applicable 15 revenue-bond resolutions and covenants, such financing may be 16 in whole or in part by revenue bonds currently issued, issued 17 in the future, or by a combination of such bonds. 18 Section 5. Section 373.4137, Florida Statutes, is 19 amended to read: 20 373.4137 Mitigation requirements.-- 21 (1) The Legislature finds that environmental 22 mitigation for the impact of transportation projects proposed 23 by the Department of Transportation or a transportation 24 authority established pursuant to chapter 348 or chapter 349 25 can be more effectively achieved by regional, long-range 26 mitigation planning rather than on a project-by-project basis. 27 It is the intent of the Legislature that mitigation to offset 28 the adverse effects of these transportation projects be funded 29 by the Department of Transportation and be carried out by the 30 Department of Environmental Protection and the water 31 management districts, including the use of mitigation banks 3 5:34 PM 03/21/02 h1839.tr20.5a
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 established pursuant to this part. 2 (2) Environmental impact inventories for 3 transportation projects proposed by the Department of 4 Transportation or a transportation authority established 5 pursuant to chapter 348 or chapter 349 shall be developed as 6 follows: 7 (a) By May 1 of each year, the Department of 8 Transportation or a transportation authority established 9 pursuant to chapter 348 or chapter 349 shall submit to the 10 Department of Environmental Protection and the water 11 management districts a copy of its adopted work program and an 12 inventory of habitats addressed in the rules tentatively, 13 pursuant to this part and s. 404 of the Clean Water Act, 33 14 U.S.C. s. 1344, which may be impacted by its plan of 15 construction for transportation projects in the next 3 years 16 of the tentative work program. The Department of 17 Transportation or a transportation authority established 18 pursuant to chapter 348 or chapter 349 may also include in its 19 inventory the habitat impacts of any future transportation 20 project identified in the tentative work program. 21 (b) The environmental impact inventory shall include a 22 description of these habitat impacts, including their 23 location, acreage, and type; state water quality 24 classification of impacted wetlands and other surface waters; 25 any other state or regional designations for these habitats; 26 and a survey of threatened species, endangered species, and 27 species of special concern affected by the proposed project. 28 (3)(a) To fund the mitigation plan for the projected 29 impacts identified in the inventory described in subsection 30 (2), the Department of Transportation shall identify funds 31 quarterly in an escrow account within the State Transportation 4 5:34 PM 03/21/02 h1839.tr20.5a
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 Trust Fund for the environmental mitigation phase of projects 2 budgeted by the Department of Transportation for the current 3 fiscal year. The escrow account shall be maintained by the 4 Department of Transportation for the benefit of the Department 5 of Environmental Protection and the water management 6 districts. Any interest earnings from the escrow account shall 7 remain with the Department of Transportation. 8 (b) Each transportation authority established pursuant 9 to chapter 348 or chapter 349 that chooses to participate in 10 this program shall create an escrow account within its 11 financial structure and deposit funds in the account to pay 12 for the environmental mitigation phase of projects budgeted 13 for the current fiscal year. The escrow account shall be 14 maintained by the authority for the benefit of the Department 15 of Environmental Protection and the water management 16 districts. Any interest earnings from the escrow account shall 17 remain with the authority. 18 (c) The Department of Environmental Protection or 19 water management districts may request a transfer of funds 20 from an the escrow account no sooner than 30 days prior to the 21 date the funds are needed to pay for activities associated 22 with development or implementation of the approved mitigation 23 plan described in subsection (4) for the current fiscal year, 24 including, but not limited to, design, engineering, 25 production, and staff support. Actual conceptual plan 26 preparation costs incurred before plan approval may be 27 submitted to the Department of Transportation or the 28 appropriate transportation authority and the Department of 29 Environmental Protection by November 1 of each year with the 30 plan. The conceptual plan preparation costs of each water 31 management district will be paid based on the amount approved 5 5:34 PM 03/21/02 h1839.tr20.5a
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 on the mitigation plan and allocated to the current fiscal 2 year projects identified by the water management district. The 3 amount transferred to the escrow accounts account each year by 4 the Department of Transportation and participating 5 transportation authorities established pursuant to chapter 348 6 or chapter 349 shall correspond to a cost per acre of $75,000 7 multiplied by the projected acres of impact identified in the 8 inventory described in subsection (2). However, the $75,000 9 cost per acre does not constitute an admission against 10 interest by the state or its subdivisions nor is the cost 11 admissible as evidence of full compensation for any property 12 acquired by eminent domain or through inverse condemnation. 13 Each July 1, the cost per acre shall be adjusted by the 14 percentage change in the average of the Consumer Price Index 15 issued by the United States Department of Labor for the most 16 recent 12-month period ending September 30, compared to the 17 base year average, which is the average for the 12-month 18 period ending September 30, 1996. At the end of each year, the 19 projected acreage of impact shall be reconciled with the 20 acreage of impact of projects as permitted, including permit 21 modifications, pursuant to this part and s. 404 of the Clean 22 Water Act, 33 U.S.C. s. 1344. The subject year's transfer of 23 funds shall be adjusted accordingly to reflect the 24 overtransfer or undertransfer of funds from the preceding 25 year. The Department of Transportation and participating 26 transportation authorities established pursuant to chapter 348 27 or chapter 349 are is authorized to transfer such funds from 28 the escrow accounts account to the Department of Environmental 29 Protection and the water management districts to carry out the 30 mitigation programs. 31 (4) Prior to December 1 of each year, each water 6 5:34 PM 03/21/02 h1839.tr20.5a
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 management district, in consultation with the Department of 2 Environmental Protection, the United States Army Corps of 3 Engineers, the Department of Transportation, transportation 4 authorities established pursuant to chapter 348 or chapter 5 349, and other appropriate federal, state, and local 6 governments, and other interested parties, including entities 7 operating mitigation banks, shall develop a plan for the 8 primary purpose of complying with the mitigation requirements 9 adopted pursuant to this part and 33 U.S.C. s. 1344. This plan 10 shall also address significant invasive plant problems within 11 wetlands and other surface waters. In developing such plans, 12 the districts shall utilize sound ecosystem management 13 practices to address significant water resource needs and 14 shall focus on activities of the Department of Environmental 15 Protection and the water management districts, such as surface 16 water improvement and management (SWIM) waterbodies and lands 17 identified for potential acquisition for preservation, 18 restoration, and enhancement, to the extent that such 19 activities comply with the mitigation requirements adopted 20 under this part and 33 U.S.C. s. 1344. In determining the 21 activities to be included in such plans, the districts shall 22 also consider the purchase of credits from public or private 23 mitigation banks permitted under s. 373.4136 and associated 24 federal authorization and shall include such purchase as a 25 part of the mitigation plan when such purchase would offset 26 the impact of the transportation project, provide equal 27 benefits to the water resources than other mitigation options 28 being considered, and provide the most cost-effective 29 mitigation option. The mitigation plan shall be preliminarily 30 approved by the water management district governing board and 31 shall be submitted to the secretary of the Department of 7 5:34 PM 03/21/02 h1839.tr20.5a
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 Environmental Protection for review and final approval. The 2 preliminary approval by the water management district 3 governing board does not constitute a decision that affects 4 substantial interests as provided by s. 120.569. At least 30 5 days prior to preliminary approval, the water management 6 district shall provide a copy of the draft mitigation plan to 7 any person who has requested a copy. 8 (a) For each transportation project with a funding 9 request for the next fiscal year, the mitigation plan must 10 include a brief explanation of why a mitigation bank was or 11 was not chosen as a mitigation option, including an estimation 12 of identifiable costs of the mitigation bank and nonbank 13 options to the extent practicable. 14 (b) Specific projects may be excluded from the 15 mitigation plan and shall not be subject to this section upon 16 the agreement of the Department of Transportation, a 17 transportation authority if applicable, the Department of 18 Environmental Protection, and the appropriate water management 19 district that the inclusion of such projects would hamper the 20 efficiency or timeliness of the mitigation planning and 21 permitting process, or the Department of Environmental 22 Protection and the water management district are unable to 23 identify mitigation that would offset the impacts of the 24 project. 25 (c) Surface water improvement and management or 26 invasive plant control projects undertaken using the $12 27 million advance transferred from the Department of 28 Transportation to the Department of Environmental Protection 29 in fiscal year 1996-1997 which meet the requirements for 30 mitigation under this part and 33 U.S.C. s. 1344 shall remain 31 available for mitigation until the $12 million is fully 8 5:34 PM 03/21/02 h1839.tr20.5a
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 credited up to and including fiscal year 2004-2005. When these 2 projects are used as mitigation, the $12 million advance shall 3 be reduced by $75,000 per acre of impact mitigated. For any 4 fiscal year through and including fiscal year 2004-2005, to 5 the extent the cost of developing and implementing the 6 mitigation plans is less than the amount transferred pursuant 7 to subsection (3), the difference shall be credited towards 8 the $12 million advance. Except as provided in this paragraph, 9 any funds not directed to implement the mitigation plan 10 should, to the greatest extent possible, be directed to fund 11 invasive plant control within wetlands and other surface 12 waters. 13 (5) The water management district shall be responsible 14 for ensuring that mitigation requirements pursuant to 33 15 U.S.C. s. 1344 are met for the impacts identified in the 16 inventory described in subsection (2), by implementation of 17 the approved plan described in subsection (4) to the extent 18 funding is provided by the Department of Transportation, or a 19 transportation authority established pursuant to chapter 348 20 or chapter 349, if applicable. During the federal permitting 21 process, the water management district may deviate from the 22 approved mitigation plan in order to comply with federal 23 permitting requirements. 24 (6) The mitigation plans plan shall be updated 25 annually to reflect the most current Department of 26 Transportation work program and project list of a 27 transportation authority established pursuant to chapter 348 28 or chapter 349, if applicable, and may be amended throughout 29 the year to anticipate schedule changes or additional projects 30 which may arise. Each update and amendment of the mitigation 31 plan shall be submitted to the secretary of the Department of 9 5:34 PM 03/21/02 h1839.tr20.5a
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 Environmental Protection for approval. However, such approval 2 shall not be applicable to a deviation as described in 3 subsection (5). 4 (7) Upon approval by the secretary of the Department 5 of Environmental Protection, the mitigation plan shall be 6 deemed to satisfy the mitigation requirements under this part 7 and any other mitigation requirements imposed by local, 8 regional, and state agencies for impacts identified in the 9 inventory described in subsection (2). The approval of the 10 secretary shall authorize the activities proposed in the 11 mitigation plan, and no other state, regional, or local permit 12 or approval shall be necessary. 13 (8) This section shall not be construed to eliminate 14 the need for the Department of Transportation or a 15 transportation authority established pursuant to chapter 348 16 or chapter 349 to comply with the requirement to implement 17 practicable design modifications, including realignment of 18 transportation projects, to reduce or eliminate the impacts of 19 its transportation projects on wetlands and other surface 20 waters as required by rules adopted pursuant to this part, or 21 to diminish the authority under this part to regulate other 22 impacts, including water quantity or water quality impacts, or 23 impacts regulated under this part that are not identified in 24 the inventory described in subsection (2). 25 (9) The process for environmental mitigation for the 26 impact of transportation projects under this section shall be 27 available to an expressway, bridge, or transportation 28 authority established under chapter 348 or chapter 349. Use of 29 this process may be initiated by an authority depositing the 30 requisite funds into an escrow account set up by the authority 31 and filing an environmental impact inventory with the 10 5:34 PM 03/21/02 h1839.tr20.5a
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 appropriate water management district. An authority that 2 initiates the environmental mitigation process established by 3 this section shall comply with subsection (6) by timely 4 providing the appropriate water management district and the 5 Department of Environmental Protection with the requisite work 6 program information. A water management district may draw down 7 funds from the escrow account as provided in this section. 8 9 (Redesignate subsequent sections.) 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 67, line 2, after the semicolon 15 16 insert: 17 amending s. 316.061, F.S.; authorizing certain 18 agencies to remove from the roadway, vehicles 19 damages in crashes; amending s. 318.18, F.S.; 20 increasing penalties for certain speed 21 violations; amending s. 348.565, F.S.; adding 22 the Lee Roy Selmon Crosstown Expressway 23 connector to the legislatively approved list of 24 expressway projects; creating s. 348.545, F.S.; 25 approving certain bond financing for the 26 Hillsborough County Expressway authority; 27 amending s. 373.4137, F.S.; providing for 28 certain expressway, bridge, or transportation 29 authorities to create environmental-impact 30 inventories and participate in a mitigation 31 program to offset adverse effects of their 11 5:34 PM 03/21/02 h1839.tr20.5a
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 343772 1 transportation projects; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 5:34 PM 03/21/02 h1839.tr20.5a