House Bill hb0261e1

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                                        CS/HB 261, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Department of

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

  4         revising language with respect to the

  5         organization of the department; changing the

  6         turnpike district into a turnpike enterprise;

  7         exempting the turnpike enterprise from

  8         department policies, procedures, and standards,

  9         subject to the Secretary of Transportation's

10         decision to apply such requirements; providing

11         exceptions to said exemptions; giving the

12         secretary authority to promulgate rules under

13         certain conditions that will assist the

14         turnpike enterprise in using best business

15         practices; amending s. 206.46, F.S.; increasing

16         the debt service cap with respect to the State

17         Transportation Trust Fund; amending s. 316.302,

18         F.S.; revising a date concerning commercial

19         motor vehicles to conform to federal

20         regulations; authorizing the department's Motor

21         Carrier Compliance officers, and duly appointed

22         agents holding a safety inspector certification

23         from the Commercial Vehicle Safety Alliance, to

24         stop commercial motor vehicles for inspection

25         of the vehicle and driver's records; providing

26         that other law enforcement officers may enforce

27         commercial motor vehicle regulations under

28         certain conditions; requiring that unsafe

29         vehicles and drivers be removed from service

30         under certain conditions; amending s. 316.3025,

31         F.S.; updating a cross reference to federal


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                                        CS/HB 261, First Engrossed



  1         trucking regulations; amending s. 316.515,

  2         F.S.; deleting a requirement for a department

  3         permit with respect to the height of automobile

  4         transporters; amending s. 316.535, F.S.; adding

  5         weight requirements for certain commercial

  6         trucks; amending s. 316.545, F.S.; correcting a

  7         cross reference; providing for the discretion

  8         of the department to detain commercial vehicles

  9         until certain penalties are paid; amending s.

10         334.044, F.S.; providing for officers employed

11         by the department's Office of Motor Carrier

12         Compliance and specifying duties and

13         responsibilities of said officers; authorizing

14         appointment of part-time and auxiliary

15         officers; amending s. 337.025, F.S.;

16         eliminating cap on innovative highway projects

17         for the turnpike enterprise; amending s.

18         337.11, F.S.; raising the cap on certain

19         contracts into which the department can enter

20         without first obtaining bids; providing an

21         exemption for a turnpike enterprise project;

22         revising provisions for design-build contracts;

23         amending s. 337.185, F.S.; clarifying

24         application of limitation on certain claims

25         brought before the State Arbitration Board;

26         amending s. 338.22, F.S.; redesignating the

27         Florida Turnpike Law as the Florida Turnpike

28         Enterprise Law; amending s. 338.221, F.S.;

29         redefining the term "economically feasible" as

30         used with respect to turnpike projects;

31         creating s. 338.2215, F.S.; providing


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                                        CS/HB 261, First Engrossed



  1         legislative findings, policy, purpose, and

  2         intent for the Florida Turnpike Enterprise;

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

  4         power and authority of the turnpike enterprise;

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

  6         maximum loan amount for the turnpike

  7         enterprise; amending ss. 338.165 and 338.227,

  8         F.S.; conforming provisions; amending s.

  9         338.234, F.S.; authorizing the turnpike

10         enterprise to expand business opportunities;

11         prohibiting the department from exercising its

12         powers of eminent domain solely to acquire

13         property for business opportunities on the

14         Florida Turnpike; deleting obsolete language;

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

16         consideration of goods instead of fees;

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

18         approved expenditure to the Florida Highway

19         Patrol be paid by the turnpike enterprise;

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

21         required cash reserve for the turnpike

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

23         conforming provisions; amending s. 339.135,

24         F.S.; including reference to turnpike

25         enterprise with respect to the tentative work

26         program; revising language with respect to the

27         tentative work program; amending s. 553.80,

28         F.S.; providing for self-regulation of certain

29         construction; providing effective dates.

30

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


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                                        CS/HB 261, First Engrossed



  1         Section 1.  Subsection (4) of section 20.23, Florida

  2  Statutes, is amended to read:

  3         20.23  Department of Transportation.--There is created

  4  a Department of Transportation which shall be a decentralized

  5  agency.

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

  7  organized into seven eight districts, including a turnpike

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

  9  enterprise, headed by an executive director. The district

10  secretaries shall report to the Assistant Secretary for

11  District Operations. The headquarters of the districts shall

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

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

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

15  turnpike district must be relocated to Orange County in the

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

17  expedite the decisionmaking process, the department shall

18  provide for maximum decentralization to the districts.

19  However, before making a decision to centralize or

20  decentralize department operations or relocate the turnpike

21  district, the department must first determine if the decision

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

23  department shall periodically evaluate such decisions to

24  ensure that they are appropriate.

25         (b)  The primary responsibility for the implementation

26  of the department's transportation programs shall be delegated

27  by the secretary to the district secretaries, and sufficient

28  authority shall be vested in each district to ensure adequate

29  control of the resources commensurate with the delegated

30  responsibility.  Each district secretary shall also be

31  accountable for ensuring their district's quality of


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                                        CS/HB 261, First Engrossed



  1  performance and compliance with all laws, rules, policies, and

  2  procedures related to the operation of the department.

  3         (c)  Each district secretary may appoint a district

  4  director for planning and programming, a district director for

  5  production, and a district director for operations. These

  6  positions are exempt from part II of chapter 110.

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

  8  for managing major functional responsibilities of the

  9  department. The offices may include planning, design,

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

11  transportation.  The heads of these offices shall be exempt

12  from part II of chapter 110.

13         (e)  The district director for the Fort Myers Urban

14  Office of the Department of Transportation is responsible for

15  developing the 5-year Transportation Plan for Charlotte,

16  Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort

17  Myers Urban Office also is responsible for providing policy,

18  direction, local government coordination, and planning for

19  those counties.

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

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

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

23  secretary. The executive director shall report directly to the

24  secretary, and the turnpike enterprise shall operate pursuant

25  to ss. 338.22-338.241.

26         2.  To facilitate the most efficient and effective

27  management of the turnpike enterprise, including the use of

28  best business practices employed by the private sector, the

29  turnpike enterprise, except as provided in s. 287.055, shall

30  be exempt from departmental policies, procedures, and

31  standards, subject to the secretary having the authority to


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                                        CS/HB 261, First Engrossed



  1  apply any such policies, procedures, and standards to the

  2  turnpike enterprise from time to time as deemed appropriate.

  3         3.  To enhance the ability of the turnpike enterprise

  4  to use best business practices employed by the private sector,

  5  the secretary shall promulgate rules which exempt the turnpike

  6  enterprise from department rules and authorize the turnpike

  7  enterprise to employ procurement methods available to the

  8  private sector, provided those methods are not in conflict

  9  with s. 287.055.

10         Section 2.  Subsection (2) of section 206.46, Florida

11  Statutes, is amended to read:

12         206.46  State Transportation Trust Fund.--

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

14  the revenues deposited into the State Transportation Trust

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

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

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

18  meet the requirements of the documents authorizing the bonds

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

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

21  coverage requirements of outstanding bonds.  Notwithstanding

22  the 7 percent annual transfer authorized in this subsection,

23  the annual amount transferred under this subsection shall not

24  exceed an amount necessary to provide the required debt

25  service coverage levels for a maximum debt service not to

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

27  primarily from the motor and diesel fuel taxes transferred to

28  the State Transportation Trust Fund from the Fuel Tax

29  Collection Trust Fund.

30

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                                        CS/HB 261, First Engrossed



  1         Section 3.  Paragraph (b) of subsection (1) and

  2  subsection (8) of section 316.302, Florida Statutes, are

  3  amended to read:

  4         316.302  Commercial motor vehicles; safety regulations;

  5  transporters and shippers of hazardous materials;

  6  enforcement.--

  7         (1)

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

  9  owners or drivers of commercial motor vehicles that are

10  engaged in intrastate commerce are subject to the rules and

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

12  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

14  regulations existed on October 1, 2001 March 1, 1999.

15         (8)  For the purpose of enforcing this section, any law

16  enforcement officer agent of the Department of Transportation

17  or duly appointed agent who holds a current safety inspector

18  certification from the Commercial Vehicle Safety Alliance may

19  require the driver of any commercial vehicle operated on the

20  highways of this state to stop and submit to an inspection of

21  the vehicle or the driver's records described in s.

22  316.545(9), any member of the Florida Highway Patrol, or any

23  person employed by a sheriff's office or municipal police

24  department who is authorized to enforce the traffic laws of

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

26  of this section.  Any officer of the Department of

27  Transportation described in s. 316.545(9), any member of the

28  Florida Highway Patrol, or any law enforcement officer

29  employed by a sheriff's office or municipal police department

30  authorized to enforce the traffic laws of this state pursuant

31  to s. 316.640, who has reason to believe that a vehicle or


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                                        CS/HB 261, First Engrossed



  1  driver is operating in an unsafe condition, may require the

  2  driver to stop and submit to an inspection of the vehicle or

  3  the driver's records.  Any person who fails to comply with an

  4  officer's request to submit to an inspection under this

  5  subsection is guilty of a violation of s. 843.02 if the driver

  6  resists the officer without violence or a violation of s.

  7  843.01 if the driver resists the officer with violence.  If

  8  the vehicle or driver is found to be operating in an unsafe

  9  condition, or if any required part or equipment is not present

10  or is not in proper repair or adjustment, and the continued

11  operation would probably present an unduly hazardous operating

12  condition, the officer may require the vehicle or the driver

13  to be removed from service pursuant to the North American

14  Uniform Out-of-Service Criteria, until corrected. However, if

15  continuous operation would not present an unduly hazardous

16  operating condition, the officer may give written notice

17  requiring correction of the condition to require proper repair

18  and adjustment of the vehicle within 14 days.

19         (a)  Any member of the Florida Highway Patrol or any

20  law enforcement officer employed by a sheriff's office or

21  municipal police department authorized to enforce the traffic

22  laws of this state pursuant to s. 316.640 who has reason to

23  believe that a vehicle or driver is operating in an unsafe

24  condition may, as provided in subsection (10), enforce the

25  provisions of this section.

26         (b)  Any person who fails to comply with an officer's

27  request to submit to an inspection under this subsection

28  commits a violation of s. 843.02 if the person resists the

29  officer without violence or a violation of s. 843.01 if the

30  person resists the officer with violence.

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                                        CS/HB 261, First Engrossed



  1         Section 4.  Paragraph (a) of subsection (3) of section

  2  316.3025, Florida Statutes, is amended to read:

  3         316.3025  Penalties.--

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

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

  6         Section 5.  Subsection (2) of section 316.515, Florida

  7  Statutes, is amended to read:

  8         316.515  Maximum width, height, length.--

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

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

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

12  Department of Transportation, measure a height not to exceed

13  14 feet, inclusive of the load carried thereon.

14         Section 6.  Subsection (6) of section 316.535, Florida

15  Statutes, is renumbered as subsection (7), present subsection

16  (7) is renumbered as subsection (8) and amended, and a new

17  subsection (6) is added to said section, to read:

18         316.535  Maximum weights.--

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

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

21  gasoline trucks designed and constructed for special type work

22  or use, when operated as a single unit, shall be subject to

23  all safety and operational requirements of law, except that

24  any such vehicle need not conform to the axle spacing

25  requirements of this section provided that such vehicle shall

26  be limited to a total gross load, including the weight of the

27  vehicle, of 20,000 pounds per axle plus scale tolerances and

28  shall not exceed 550 pounds per inch width tire surface plus

29  scale tolerances. No vehicle operating pursuant to this

30  section shall exceed a gross weight, including the weight of

31  the vehicle and scale tolerances, of 70,000 pounds. Any


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                                        CS/HB 261, First Engrossed



  1  vehicle violating the weight provisions of this section shall

  2  be penalized as provided in s. 316.545.

  3         (7)(6)  The Department of Transportation shall adopt

  4  rules to implement this section, shall enforce this section

  5  and the rules adopted hereunder, and shall publish and

  6  distribute tables and other publications as deemed necessary

  7  to inform the public.

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

  9  combination of vehicles exceeding the gross weights specified

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

11  to travel on the public highways within the state.

12         Section 7.  Paragraph (a) of subsection (2) and

13  paragraph (a) of subsection (4) of section 316.545, Florida

14  Statutes, are amended to read:

15         316.545  Weight and load unlawful; special fuel and

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

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

18  combination of vehicles with load, determines that the axle

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

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

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

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

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

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

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

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

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

28  facilitate compliance with and enforcement of the weight

29  limits established in s. 316.535, weight tables published

30  pursuant to s. 316.535(7)(6) shall include a 10-percent scale

31  tolerance and shall thereby reflect the maximum scaled weights


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                                        CS/HB 261, First Engrossed



  1  allowed any vehicle or combination of vehicles.  As used in

  2  this section, scale tolerance means the allowable deviation

  3  from legal weights established in s. 316.535.  Notwithstanding

  4  any other provision of the weight law, if a vehicle or

  5  combination of vehicles does not exceed the gross, external

  6  bridge, or internal bridge weight limits imposed in s. 316.535

  7  and the driver of such vehicle or combination of vehicles can

  8  comply with the requirements of this chapter by shifting or

  9  equalizing the load on all wheels or axles and does so when

10  requested by the proper authority, the driver shall not be

11  held to be operating in violation of said weight limits.

12         (4)(a)  No commercial vehicle, as defined in s.

13  316.003(66), shall be operated over the highways of this state

14  unless it has been properly registered under the provisions of

15  s. 207.004. Whenever any law enforcement officer identified in

16  s. 207.023(1), upon inspecting the vehicle or combination of

17  vehicles, determines that the vehicle is in violation of s.

18  207.004, a penalty in the amount of $50 shall be assessed, and

19  the vehicle may shall be detained until payment is collected

20  by the law enforcement officer.

21         Section 8.  Subsection (31) is added to section

22  334.044, Florida Statutes, to read:

23         334.044  Department; powers and duties.--The department

24  shall have the following general powers and duties:

25         (31)  In order to fulfill the department's mission to

26  provide a safe and efficient transportation system, the

27  department's Office of Motor Carrier Compliance may employ

28  sworn law enforcement officers, certified in accordance with

29  chapter 943, to enforce the traffic and criminal laws of this

30  state. Such officers shall have full law enforcement powers

31  granted to other peace officers of this state, including


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                                        CS/HB 261, First Engrossed



  1  making arrests, carrying firearms, serving court process, and

  2  seizing vehicles defined as contraband under s. 319.33,

  3  illegal drugs, stolen property, and the proceeds of illegal

  4  activities. Officers appointed under this section have the

  5  primary responsibility for enforcing laws relating to size and

  6  weight of commercial motor vehicles; safety, traffic, tax, and

  7  registration of commercial motor vehicles; interdiction of

  8  vehicles defined as contraband under s. 319.33, illegal drugs,

  9  and stolen property; and violations that threaten the overall

10  security and safety of Florida's transportation infrastructure

11  and the motoring public. The office is also authorized to

12  appoint part-time or auxiliary law enforcement officers

13  pursuant to chapter 943 and to provide compensation in

14  accordance with law.

15         Section 9.  Section 337.025, Florida Statutes, is

16  amended to read:

17         337.025  Innovative highway projects; department to

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

19  a program for highway projects demonstrating innovative

20  techniques of highway construction, maintenance, and finance

21  which have the intended effect of controlling time and cost

22  increases on construction projects.  Such techniques may

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

24  for pavement, safety, and other aspects of highway

25  construction and maintenance; innovative bidding and financing

26  techniques; accelerated construction procedures; and those

27  techniques that have the potential to reduce project life

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

29  must use the existing process to award and administer

30  construction and maintenance contracts.  When specific

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


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                                        CS/HB 261, First Engrossed



  1  required to adhere to those provisions of law that would

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

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

  4  innovative technique that is inconsistent with another

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

  6  need for the exception and identify what benefits the

  7  traveling public and the affected community are anticipated to

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

  9  million in contracts annually for the purposes authorized by

10  this section. However, the annual cap on contracts provided in

11  this section shall not apply to turnpike enterprise projects

12  nor shall turnpike enterprise projects be counted toward the

13  department's annual cap.

14         Section 10.  Paragraph (c) of subsection (3) and

15  paragraph (c) of subsection (6) of section 337.11, Florida

16  Statutes, are amended to read:

17         337.11  Contracting authority of department; bids;

18  emergency repairs, supplemental agreements, and change orders;

19  combined design and construction contracts; progress payments;

20  records; requirements of vehicle registration.--

21         (3)

22         (c)  No advertisement for bids shall be published and

23  no bid solicitation notice shall be provided until title to

24  all necessary rights-of-way and easements for the construction

25  of the project covered by such advertisement or notice has

26  vested in the state or a local governmental entity, and all

27  railroad crossing and utility agreements have been executed.

28  The turnpike enterprise is exempt from this paragraph for a

29  turnpike enterprise project. Title to all necessary

30  rights-of-way shall be deemed to have been vested in the State

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                                        CS/HB 261, First Engrossed



  1  of Florida when such title has been dedicated to the public or

  2  acquired by prescription.

  3         (6)

  4         (c)  When the department determines that it is in the

  5  best interest of the public for reasons of public concern,

  6  economy, improved operations or safety, and only when

  7  circumstances dictate rapid completion of the work, the

  8  department may, up to the threshold amount of $120,000

  9  provided in s. 287.017 for CATEGORY FOUR, enter into contracts

10  for construction and maintenance without advertising and

11  receiving competitive bids. However, if legislation is enacted

12  by the Legislature which changes the category thresholds, the

13  threshold amount shall remain at $60,000. The department may

14  enter into such contracts only upon a determination that the

15  work is necessary for one of the following reasons:

16         1.  To ensure timely completion of projects or

17  avoidance of undue delay for other projects;

18         2.  To accomplish minor repairs or construction and

19  maintenance activities for which time is of the essence and

20  for which significant cost savings would occur; or

21         3.  To accomplish nonemergency work necessary to ensure

22  avoidance of adverse conditions that affect the safe and

23  efficient flow of traffic.

24

25  The department shall make a good faith effort to obtain two or

26  more quotes, if available, from qualified contractors before

27  entering into any contract. The department shall give

28  consideration to disadvantaged business enterprise

29  participation. However, when the work exists within the limits

30  of an existing contract, the department shall make a good

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                                        CS/HB 261, First Engrossed



  1  faith effort to negotiate and enter into a contract with the

  2  prime contractor on the existing contract.

  3         Section 11.  Effective July 1, 2003, paragraph (a) of

  4  subsection (7) of section 337.11, Florida Statutes, as amended

  5  by section 4 of chapter 2001-350, Laws of Florida, is amended

  6  to read:

  7         337.11  Contracting authority of department; bids;

  8  emergency repairs, supplemental agreements, and change orders;

  9  combined design and construction contracts; progress payments;

10  records; requirements of vehicle registration.--

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

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

13  combine the right-of-way services and design and construction

14  phases of a building, a major bridge, a limited access

15  facility, or a rail corridor project into a single contract.

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

17  Design-build contracts may be advertised and awarded

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

19  construction activities may not begin on any portion of such

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

21  easements for the construction of that portion of the project

22  has vested in the state or a local governmental entity and all

23  railroad crossing and utility agreements have been executed.

24  Title to rights-of-way vests in the state when the title has

25  been dedicated to the public or acquired by prescription.

26         Section 12.  Effective July 1, 2005, paragraph (a) of

27  subsection (7) of section 337.11, Florida Statutes, as amended

28  by this act, is amended to read:

29         337.11  Contracting authority of department; bids;

30  emergency repairs, supplemental agreements, and change orders;

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                                        CS/HB 261, First Engrossed



  1  combined design and construction contracts; progress payments;

  2  records; requirements of vehicle registration.--

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

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

  5  combine the right-of-way services and design and construction

  6  phases of a building, a major bridge, a limited access

  7  facility, or a rail corridor project into a single contract.

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

  9  Design-build contracts may be advertised and awarded

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

11  construction activities may not begin on any portion of such

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

13  easements for the construction of that portion of the project

14  has vested in the state or a local governmental entity and all

15  railroad crossing and utility agreements have been executed.

16  Title to rights-of-way vests in the state when the title has

17  been dedicated to the public or acquired by prescription.

18         Section 13.  Subsection (3) of section 337.185, Florida

19  Statutes, is amended to read:

20         337.185  State Arbitration Board.--

21         (3)  A hearing may be requested by the department or by

22  a contractor who has a dispute with the department which,

23  under the rules of the board, may be the subject of

24  arbitration.  The request is to be made to the board within

25  820 days after the final acceptance of the work for all

26  contracts entered into after June 30, 1993. The board shall

27  conduct the hearing within 45 days of the request.  The party

28  requesting the board's consideration shall give notice of the

29  hearing to each member.  If the board finds that a third party

30  is necessary to resolve the dispute, the board may vote to

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                                        CS/HB 261, First Engrossed



  1  dismiss the claim, which may thereafter be pursued in

  2  accordance with the laws of the State of Florida.

  3         Section 14.  Subsection (7) of section 338.165, Florida

  4  Statutes, is amended to read:

  5         338.165  Continuation of tolls.--

  6         (7)  This section does not apply to the turnpike system

  7  as defined under the Florida Turnpike Enterprise Law.

  8         Section 15.  Section 338.22, Florida Statutes, is

  9  amended to read:

10         338.22  Florida Turnpike Enterprise Law; short

11  title.--Sections 338.22-338.241 may be cited as the "Florida

12  Turnpike Enterprise Law."

13         Section 16.  Section 338.221, Florida Statutes, is

14  amended to read:

15         338.221  Definitions of terms used in ss.

16  338.22-338.241.--As used in ss. 338.22-338.241, the following

17  words and terms have the following meanings, unless the

18  context indicates another or different meaning or intent:

19         (1)  "Bonds" or "revenue bonds" means notes, bonds,

20  refunding bonds or other evidences of indebtedness or

21  obligations, in either temporary or definitive form, issued by

22  the Division of Bond Finance on behalf of the department and

23  authorized under the provisions of ss. 338.22-338.241 and the

24  State Bond Act.

25         (2)  "Cost," as applied to a turnpike project, includes

26  the cost of acquisition of all land, rights-of-way, property,

27  easements, and interests acquired by the department for

28  turnpike project construction; the cost of such construction;

29  the cost of all machinery and equipment, financing charges,

30  fees, and expenses related to the financing; establishment of

31  reserves to secure bonds; interest prior to and during


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                                        CS/HB 261, First Engrossed



  1  construction and for such period after completion of

  2  construction as shall be determined by the department; the

  3  cost of traffic estimates and of engineering and legal

  4  expenses, plans, specifications, surveys, estimates of cost

  5  and revenues; other expenses necessary or incident to

  6  determining the feasibility or practicability of acquiring or

  7  constructing any such turnpike project; administrative

  8  expenses; and such other expenses as may be necessary or

  9  incident to the acquisition or construction of a turnpike

10  project, the financing of such acquisition or construction,

11  and the placing of the turnpike project in operation.

12         (3)  "Feeder road" means any road no more than 5 miles

13  in length, connecting to the turnpike system which the

14  department determines is necessary to create or facilitate

15  access to a turnpike project.

16         (4)  "Owner" includes any person or any governmental

17  entity that has title to, or an interest in, any property,

18  right, easement, or interest authorized to be acquired

19  pursuant to ss. 338.22-338.241.

20         (5)  "Revenues" means all tolls, charges, rentals,

21  gifts, grants, moneys, and other funds coming into the

22  possession, or under the control, of the department by virtue

23  of the provisions hereof, except the proceeds from the sale of

24  bonds issued under ss. 338.22-338.241.

25         (6)  "Turnpike system" means those limited access toll

26  highways and associated feeder roads and other structures,

27  appurtenances, or rights previously designated, acquired, or

28  constructed pursuant to the Florida Turnpike Enterprise Law

29  and such other additional turnpike projects as may be acquired

30  or constructed as approved by the Legislature.

31


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                                        CS/HB 261, First Engrossed



  1         (7)  "Turnpike improvement" means any betterment

  2  necessary or desirable for the operation of the turnpike

  3  system, including, but not limited to, widenings, the addition

  4  of interchanges to the existing turnpike system, resurfacings,

  5  toll plazas, machinery, and equipment.

  6         (8)  "Economically feasible" for a proposed turnpike

  7  project means that the revenues of the project in combination

  8  with those of the existing turnpike system are sufficient to

  9  service the debt of the outstanding turnpike bonds.:

10         (a)  For a proposed turnpike project, that, as

11  determined by the department before the issuance of revenue

12  bonds for the project, the estimated net revenues of the

13  proposed turnpike project, excluding feeder roads and turnpike

14  improvements, will be sufficient to pay at least 50 percent of

15  the debt service on the bonds by the end of the 5th year of

16  operation and to pay at least 100 percent of the debt service

17  on the bonds by the end of the 15th year of operation. In

18  implementing this paragraph, up to 50 percent of the adopted

19  work program costs of the project may be funded from turnpike

20  revenues.

21         (b)  For turnpike projects, except for feeder roads and

22  turnpike improvements, financed from revenues of the turnpike

23  system, such project, or such group of projects, originally

24  financed from revenues of the turnpike system, that the

25  project is expected to generate sufficient revenues to

26  amortize project costs within 15 years of opening to traffic.

27

28  This subsection does not prohibit the pledging of revenues

29  from the entire turnpike system to bonds issued to finance or

30  refinance a turnpike project or group of turnpike projects.

31


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                                        CS/HB 261, First Engrossed



  1         (9)  "Turnpike project" means any extension to or

  2  expansion of the existing turnpike system and new limited

  3  access toll highways and associated feeder roads and other

  4  structures, interchanges, appurtenances, or rights as may be

  5  approved in accordance with the Florida Turnpike Enterprise

  6  Law.

  7         (10)  "Statement of environmental feasibility" means a

  8  statement by the Department of Environmental Protection of the

  9  project's significant environmental impacts.

10         Section 17.  Section 338.2215, Florida Statutes, is

11  created to read:

12         338.2215  Florida Turnpike Enterprise; legislative

13  findings, policy, purpose, and intent.--It is the intent of

14  the Legislature that the turnpike enterprise be provided

15  additional powers and authority in order to maximize the

16  advantages obtainable through fully leveraging the Florida

17  Turnpike System asset.  The additional powers and authority

18  will provide the turnpike enterprise with the autonomy and

19  flexibility to enable it to more easily pursue innovations as

20  well as best practices found in the private sector in

21  management, finance, organization, and operations. The

22  additional powers and authority are intended to improve

23  cost-effectiveness and timeliness of project delivery,

24  increase revenues, expand the turnpike system's capital

25  program capability, and improve the quality of service to its

26  patrons, while continuing to protect the turnpike system's

27  bondholders and further preserve, expand, and improve the

28  Florida Turnpike System.

29         Section 18.  Section 338.2216, Florida Statutes, is

30  created to read:

31


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                                        CS/HB 261, First Engrossed



  1         338.2216  Florida Turnpike Enterprise; powers and

  2  authority.--

  3         (1)(a)  In addition to the powers granted to the

  4  department, the Florida Turnpike Enterprise has full authority

  5  to exercise all powers granted to it under this chapter.

  6  Powers shall include, but are not limited to, the ability to

  7  plan, construct, maintain, repair, and operate the Florida

  8  Turnpike System.

  9         (b)  It is the express intention of this part that the

10  Florida Turnpike Enterprise be authorized to plan, develop,

11  own, purchase, lease, or otherwise acquire, demolish,

12  construct, improve, relocate, equip, repair, maintain,

13  operate, and manage the Florida Turnpike System; to expend

14  funds to publicize, advertise, and promote the advantages of

15  using the turnpike system and its facilities; and to

16  cooperate, coordinate, partner, and contract with other

17  entities, public and private, to accomplish these purposes.

18         (c)  The executive director of the turnpike enterprise

19  shall appoint a staff, which shall be exempt from part II of

20  chapter 110. Among the staff shall be chief financial officer,

21  who must be a proven, effective administrator with

22  demonstrated experience in financial management of a large

23  bonded capital program and must hold an active license to

24  practice public accounting in Florida pursuant to chapter

25  473.  The turnpike enterprise staff shall also include the

26  Office of Toll Operations.

27         (2)  The department shall have the authority to employ

28  procurement methods available to the Department of Management

29  Services under chapters 255 and 287 and under any rule adopted

30  under such chapters solely for the benefit of the turnpike

31  enterprise. In order to enhance the effective and efficient


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                                        CS/HB 261, First Engrossed



  1  operation of the turnpike enterprise, the department may adopt

  2  rules for procurement procedures alternative to chapters 255,

  3  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, and

19  training.  Any certified forward funds remaining undisbursed

20  on December 31 of each year shall be carried forward.

21         (4)  The powers conferred upon the turnpike enterprise

22  under ss. 338.22-338.241 shall be in addition and supplemental

23  to the existing powers of the department and the turnpike

24  enterprise, and these powers shall not be construed as

25  repealing any provision of any other law, general or local,

26  but shall supersede such other laws that are inconsistent with

27  the exercise of the powers provided under ss. 338.22-338.241

28  and provide a complete method for the exercise of such powers

29  granted.

30         Section 19.  Subsection (4) of section 338.223, Florida

31  Statutes, is amended to read:


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                                        CS/HB 261, First Engrossed



  1         338.223  Proposed turnpike projects.--

  2         (4)  The department is authorized, with the approval of

  3  the Legislature, to use federal and state transportation funds

  4  to lend or pay a portion of the operating, maintenance, and

  5  capital costs of turnpike projects. Federal and state

  6  transportation funds included in an adopted work program, or

  7  the General Appropriations Act, for a turnpike project do not

  8  have to be reimbursed to the State Transportation Trust Fund,

  9  or used in determining the economic feasibility of the

10  proposed project. For operating and maintenance loans, the

11  maximum net loan amount in any fiscal year shall not exceed

12  1.5 0.5 percent of state transportation tax revenues for that

13  fiscal year.

14         Section 20.  Subsection (2) of section 338.227, Florida

15  Statutes, is amended to read:

16         338.227  Turnpike revenue bonds.--

17         (2)  The proceeds of the bonds of each issue shall be

18  used solely for the payment of the cost of the turnpike

19  projects for which such bonds shall have been issued, except

20  as provided in the State Bond Act.  Such proceeds shall be

21  disbursed and used as provided by ss. 338.22-338.241 and in

22  such manner and under such restrictions, if any, as the

23  Division of Bond Finance may provide in the resolution

24  authorizing the issuance of such bonds or in the trust

25  agreement hereinafter mentioned securing the same.  All

26  revenues and bond proceeds from the turnpike system received

27  by the department pursuant to ss. 338.22-338.241, the Florida

28  Turnpike Enterprise Law, shall be used only for the cost of

29  turnpike projects and turnpike improvements and for the

30  administration, operation, maintenance, and financing of the

31  turnpike system. No revenues or bond proceeds from the


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                                        CS/HB 261, First Engrossed



  1  turnpike system shall be spent for the operation, maintenance,

  2  construction, or financing of any project which is not part of

  3  the turnpike system.

  4         Section 21.  Section 338.234, Florida Statutes, is

  5  amended to read:

  6         338.234  Granting concessions or selling along the

  7  turnpike system.--

  8         (1)  The department may enter into contracts or

  9  licenses with any person for the sale of grant concessions or

10  sell services or products or business opportunities on along

11  the turnpike system, or the turnpike enterprise may sell

12  services, products, or business opportunities on the turnpike

13  system, which benefit the traveling public or provide

14  additional revenue to the turnpike system. Services, business

15  opportunities, and products authorized to be sold include, but

16  are not limited to, the sale of motor fuel, vehicle towing,

17  and vehicle maintenance services; the sale of food with

18  attendant nonalcoholic beverages; lodging, meeting rooms, and

19  other business services opportunities; advertising and other

20  promotional opportunities, which advertising and promotions

21  must be consistent with the dignity and integrity of the

22  state; the sale of state lottery tickets sold by authorized

23  retailers; games and amusements that the granting of

24  concessions for amusement devices which operate by the

25  application of skill, not including games of chance as defined

26  in s. 849.16 or other illegal gambling games; the sale of

27  Florida citrus, goods promoting the state, or handmade goods

28  produced within the state; and the granting of concessions for

29  equipment which provides travel information, or tickets,

30  reservations, or other related services; and the granting of

31  concessions which provide banking and other business services.


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                                        CS/HB 261, First Engrossed



  1  However, the department, pursuant to the grants of authority

  2  to the Turnpike Enterprise under this section, shall not

  3  exercise the power of eminent domain solely for the purpose of

  4  acquiring real property in order to provide business services

  5  or opportunities, such as lodging and meeting-room space on

  6  the turnpike system. The department may also provide

  7  information centers on the plazas for the benefit of the

  8  public.

  9         (2)  The department may provide an opportunity for

10  governmental agencies to hold public events at turnpike plazas

11  which educate the traveling public as to safety, travel, and

12  tourism.

13         Section 22.  Subsection (3) of section 338.235, Florida

14  Statutes, is amended to read:

15         338.235  Contracts with department for provision of

16  services on the turnpike system.--

17         (3)  The department may enter into contracts or

18  agreements, with or without competitive bidding or

19  procurement, to make available, on a fair, reasonable,

20  nonexclusive, and nondiscriminatory basis, turnpike property

21  and other turnpike structures, for the placement of wireless

22  facilities by any wireless provider of mobile services as

23  defined in 47 U.S.C. s. 153(n) or s. 332(d), and any

24  telecommunications company as defined in s. 364.02 when it is

25  determined to be practical and feasible to make such property

26  or structures available. The department may, without adopting

27  a rule, charge a just, reasonable, and nondiscriminatory fee

28  for placement of the facilities, payable annually, based on

29  the fair market value of space used by comparable

30  communications facilities in the state. The department and a

31  wireless provider may negotiate the reduction or elimination


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                                        CS/HB 261, First Engrossed



  1  of a fee in consideration of goods or services service

  2  provided to the department by the wireless provider. All such

  3  fees collected by the department shall be deposited directly

  4  into the State Agency Law Enforcement Radio System Trust Fund

  5  and may be used to construct, maintain, or support the system.

  6         Section 23.  Subsection (2) of section 338.239, Florida

  7  Statutes, is amended to read:

  8         338.239  Traffic control on the turnpike system.--

  9         (2)  Members of the Florida Highway Patrol are vested

10  with the power, and charged with the duty, to enforce the

11  rules of the department. Approved expenditures Expenses

12  incurred by the Florida Highway Patrol in carrying out its

13  powers and duties under ss. 338.22-338.241 may be treated as a

14  part of the cost of the operation of the turnpike system, and

15  the Department of Highway Safety and Motor Vehicles shall be

16  reimbursed by the turnpike enterprise Department of

17  Transportation for such expenses incurred on the turnpike

18  system mainline, which is that part of the turnpike system

19  extending from the southern terminus in Florida City to the

20  northern terminus in Wildwood including all contiguous

21  sections. Florida Highway Patrol Troop K shall be

22  headquartered with the turnpike enterprise and shall be the

23  official and preferred law enforcement troop for the turnpike

24  system. The Department of Highway Safety and Motor Vehicles

25  may, upon request of the executive director of the turnpike

26  enterprise and approval of the Legislature, increase the

27  number of authorized positions for Troop K, or the executive

28  director of the turnpike enterprise may contract with the

29  Department of Highway Safety and Motor Vehicles for additional

30  troops to patrol the turnpike system.

31


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                                        CS/HB 261, First Engrossed



  1         Section 24.  Section 338.241, Florida Statutes, is

  2  amended to read:

  3         338.241  Cash reserve requirement.--The budget for the

  4  turnpike system shall be so planned as to provide for a cash

  5  reserve at the end of each fiscal year of not less than 5 10

  6  percent of the unpaid balance of all turnpike system

  7  contractual obligations, excluding bond obligations, to be

  8  paid from revenues.

  9         Section 25.  Section 338.251, Florida Statutes, is

10  amended to read:

11         338.251  Toll Facilities Revolving Trust Fund.--The

12  Toll Facilities Revolving Trust Fund is hereby created for the

13  purpose of encouraging the development and enhancing the

14  financial feasibility of revenue-producing road projects

15  undertaken by local governmental entities in a county or

16  combination of contiguous counties and the turnpike

17  enterprise.

18         (1)  The department is authorized to advance funds for

19  preliminary engineering, traffic and revenue studies,

20  environmental impact studies, financial advisory services,

21  engineering design, right-of-way map preparation, other

22  appropriate project-related professional services, and

23  advanced right-of-way acquisition to expressway authorities,

24  the turnpike enterprise, counties, or other local governmental

25  entities that desire to undertake revenue-producing road

26  projects.

27         (2)  No funds shall be advanced pursuant to this

28  section unless the following is documented to the department:

29         (a)  The proposed facility is consistent with the

30  adopted transportation plan of the appropriate metropolitan

31  planning organization and the Florida Transportation Plan.


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                                        CS/HB 261, First Engrossed



  1         (b)  A proposed 2-year budget detailing the use of the

  2  cash advance and a project schedule consistent with the

  3  budget.

  4         (3)  Prior to receiving any moneys for advance

  5  right-of-way acquisition, it shall be shown that such

  6  right-of-way will substantially appreciate prior to

  7  construction and that savings will result from its advance

  8  purchase.  Any such request for moneys for advance

  9  right-of-way acquisition shall be accompanied by a preliminary

10  engineering study, environmental impact study, traffic and

11  revenue study, and right-of-way maps along with either a

12  negotiated contract for purchase of the right-of-way, such

13  contract to include a clause stating that it is subject to

14  funding by the department or the Legislature, or an appraisal

15  of the subject property for purpose of condemnation

16  proceedings.

17         (4)  Each advance pursuant to this section shall

18  require repayment out of the initial bond issue revenue or, at

19  the discretion of the governmental entity or the turnpike

20  enterprise of the facility, repayment shall begin no later

21  than 7 years after the date of the advance, provided repayment

22  shall be completed no later than 12 years after the date of

23  the advance. However, such election shall be made at the time

24  of the initial bond issue, and, if repayment is to be made

25  during the time period referred to above, a schedule of such

26  repayment shall be submitted to the department.

27         (5)  No amount in excess of $1.5 million annually shall

28  be advanced to any one governmental entity or the turnpike

29  enterprise pursuant to this section without specific

30  appropriation by the Legislature.

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                                        CS/HB 261, First Engrossed



  1         (6)  Funds may not be advanced for funding final design

  2  costs beyond 60 percent completion until an acceptable plan to

  3  finance all project costs, including the reimbursement of

  4  outstanding trust fund advances, is approved by the

  5  department.

  6         (7)  The department may advance funds sufficient to

  7  defray shortages in toll revenues of facilities receiving

  8  funds pursuant to this section for the first 5 years of

  9  operation, up to a maximum of $5 million per year, to be

10  reimbursed to this fund within 5 years of the last advance

11  hereunder. Any advance under this provision shall require

12  specific appropriation by the Legislature.

13         (8)  No expressway authority, county, or other local

14  governmental entity, or the turnpike enterprise, shall be

15  eligible to receive any advance under this section if the

16  expressway authority, county, or other local governmental

17  entity or the turnpike enterprise has failed to repay any

18  previous advances as required by law or by agreement with the

19  department.

20         (9)  Repayment of funds advanced, including advances

21  made prior to January 1, 1994, shall not include interest.

22  However, interest accruing to local governmental entities and

23  the turnpike enterprise from the investment of advances shall

24  be paid to the department.

25         (10)  Any repayment of prior or future advances made

26  from the State Transportation Trust Fund which were used to

27  fund any project phase of a toll facility, shall be deposited

28  in the Toll Facilities Revolving Trust Fund. However, when

29  funds advanced to the Seminole County Expressway Authority

30  pursuant to this section are repaid to the Toll Facilities

31  Revolving Trust Fund by or on behalf of the Seminole County


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                                        CS/HB 261, First Engrossed



  1  Expressway Authority, those funds shall thereupon and

  2  forthwith be appropriated for and advanced to the Seminole

  3  County Expressway Authority for funding the design of and the

  4  advanced right-of-way acquisition for that segment of the

  5  Seminole County Expressway extending from U.S. Highway 17/92

  6  to Interstate Highway 4. Notwithstanding subsection (6), when

  7  funds previously advanced to the Orlando-Orange County

  8  Expressway Authority are repaid to the Toll Facilities

  9  Revolving Trust Fund by or on behalf of the Orlando-Orange

10  County Expressway Authority, those funds may thereupon and

11  forthwith be appropriated for and advanced to the Seminole

12  County Expressway Authority for funding that segment of the

13  Seminole County Expressway extending from U.S. Highway 17/92

14  to Interstate Highway 4. Any funds advanced to the

15  Tampa-Hillsborough County Expressway Authority pursuant to

16  this section which have been or will be repaid on or after

17  July 1, 1998, to the Toll Facilities Revolving Trust Fund on

18  behalf of the Tampa-Hillsborough County Expressway Authority

19  shall thereupon and forthwith be appropriated for and advanced

20  to the Tampa-Hillsborough County Expressway Authority for

21  funding the design of and the advanced right-of-way

22  acquisition for the Brandon area feeder roads, capital

23  improvements to increase capacity to the expressway system,

24  and Lee Roy Selmon Crosstown Expressway System Widening as

25  authorized under s. 348.565.

26         (11)  The department shall adopt rules necessary for

27  the implementation of this section, including rules for

28  project selection and funding.

29         Section 26.  Paragraphs (a), (f), and (g) of subsection

30  (4) of section 339.135, Florida Statutes, are amended to read:

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                                        CS/HB 261, First Engrossed



  1         339.135  Work program; legislative budget request;

  2  definitions; preparation, adoption, execution, and

  3  amendment.--

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

  5         (a)1.  To assure that no district or county is

  6  penalized for local efforts to improve the State Highway

  7  System, the department shall, for the purpose of developing a

  8  tentative work program, allocate funds for new construction to

  9  the districts, except for the turnpike enterprise district,

10  based on equal parts of population and motor fuel tax

11  collections. Funds for resurfacing, bridge repair and

12  rehabilitation, bridge fender system construction or repair,

13  public transit projects except public transit block grants as

14  provided in s. 341.052, and other programs with quantitative

15  needs assessments shall be allocated based on the results of

16  these assessments. The department may not transfer any funds

17  allocated to a district under this paragraph to any other

18  district except as provided in subsection (7). Funds for

19  public transit block grants shall be allocated to the

20  districts pursuant to s. 341.052.

21         2.  Notwithstanding the provisions of subparagraph 1.,

22  the department shall allocate at least 50 percent of any new

23  discretionary highway capacity funds to the Florida Intrastate

24  Highway System established pursuant to s. 338.001.  Any

25  remaining new discretionary highway capacity funds shall be

26  allocated to the districts for new construction as provided in

27  subparagraph 1. For the purposes of this subparagraph, the

28  term "new discretionary highway capacity funds" means any

29  funds available to the department above the prior year funding

30  level for  capacity improvements, which the department has the

31  discretion to allocate to highway projects.


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                                        CS/HB 261, First Engrossed



  1         (f)  The central office shall submit a preliminary copy

  2  of the tentative work program to the Executive Office of the

  3  Governor, the legislative appropriations committees, the

  4  Florida Transportation Commission, and the Department of

  5  Community Affairs at least 14 days prior to the convening of

  6  the regular legislative session.  Prior to the statewide

  7  public hearing required by paragraph (g), the Department of

  8  Community Affairs shall transmit to the Florida Transportation

  9  Commission a list of those projects and project phases

10  contained in the tentative work program which are identified

11  as being inconsistent with approved local government

12  comprehensive plans.  For urbanized areas of metropolitan

13  planning organizations, the list may not contain any project

14  or project phase that is scheduled in a transportation

15  improvement program unless such inconsistency has been

16  previously reported to the affected metropolitan planning

17  organization.  The commission shall consider the list as part

18  of its evaluation of the tentative work program conducted

19  pursuant to s. 20.23.

20         (g)1.  The Florida Transportation Commission shall

21  conduct a statewide public hearing on the tentative work

22  program and shall advertise the time, place, and purpose of

23  the hearing in the Florida Administrative Weekly at least 7

24  days prior to the hearing.  As part of the statewide public

25  hearing, the commission shall, at a minimum:

26         a.1.  Conduct an in-depth evaluation of the tentative

27  work program as required in s. 20.23 for compliance with

28  applicable laws and departmental policies; and

29         b.2.  Hear all questions, suggestions, or other

30  comments offered by the public.

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                                        CS/HB 261, First Engrossed



  1         2.  By no later than 14 days after the regular

  2  legislative session begins, the commission shall submit to the

  3  Executive Office of the Governor and the legislative

  4  appropriations committees a report that evaluates the

  5  tentative work program for:

  6         a.  Financial soundness;

  7         b.  Stability;

  8         c.  Production capacity;

  9         d.  Accomplishments, including compliance with program

10  objectives in s. 334.046;

11         e.  Compliance with approved local government

12  comprehensive plans;

13         f.  Objections and requests by metropolitan planning

14  organizations;

15         g.  Policy changes and effects thereof;

16         h.  Identification of statewide or regional projects;

17  and

18         i.  Compliance with all other applicable laws.

19         Section 27.  Subsection (1) of section 553.80, Florida

20  Statutes, is amended to read:

21         553.80  Enforcement.--

22         (1)  Except as provided in paragraphs (a)-(f) (a)-(e),

23  each local government and each legally constituted enforcement

24  district with statutory authority shall regulate building

25  construction and, where authorized in the state agency's

26  enabling legislation, each state agency shall enforce the

27  Florida Building Code required by this part on all public or

28  private buildings, structures, and facilities, unless such

29  responsibility has been delegated to another unit of

30  government pursuant to s. 553.79(9).

31


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                                        CS/HB 261, First Engrossed



  1         (a)  Construction regulations relating to correctional

  2  facilities under the jurisdiction of the Department of

  3  Corrections and the Department of Juvenile Justice are to be

  4  enforced exclusively by those departments.

  5         (b)  Construction regulations relating to elevator

  6  equipment under the jurisdiction of the Bureau of Elevators of

  7  the Department of Business and Professional Regulation shall

  8  be enforced exclusively by that department.

  9         (c)  In addition to the requirements of s. 553.79 and

10  this section, facilities subject to the provisions of chapter

11  395 and part II of chapter 400 shall have facility plans

12  reviewed and construction surveyed by the state agency

13  authorized to do so under the requirements of chapter 395 and

14  part II of chapter 400 and the certification requirements of

15  the Federal Government.

16         (d)  Building plans approved pursuant to s. 553.77(6)

17  and state-approved manufactured buildings, including buildings

18  manufactured and assembled offsite and not intended for

19  habitation, such as lawn storage buildings and storage sheds,

20  are exempt from local code enforcing agency plan reviews

21  except for provisions of the code relating to erection,

22  assembly, or construction at the site. Erection, assembly, and

23  construction at the site are subject to local permitting and

24  inspections.

25         (e)  Construction regulations governing public schools,

26  state universities, and community colleges shall be enforced

27  as provided in subsection (6).

28         (f)  The Florida Building Code as it pertains to toll

29  collection facilities under the jurisdiction of the turnpike

30  enterprise of the Department of Transportation shall be

31  enforced exclusively by the turnpike enterprise.


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                                        CS/HB 261, First Engrossed



  1

  2  The governing bodies of local governments may provide a

  3  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

  4  and this section, for the enforcement of the provisions of

  5  this part.  Such fees shall be used solely for carrying out

  6  the local government's responsibilities in enforcing the

  7  Florida Building Code. The authority of state enforcing

  8  agencies to set fees for enforcement shall be derived from

  9  authority existing on July 1, 1998. However, nothing contained

10  in this subsection shall operate to limit such agencies from

11  adjusting their fee schedule in conformance with existing

12  authority.

13         Section 28.  Except as otherwise provided herein, this

14  act shall take effect July 1, 2002.

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16

17

18

19

20

21

22

23

24

25

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